Dismissal: Failure To Prosecute

Marrero v. Hialeah Club Villas Condominium Association, Inc., ___ So. 3d ___, 35 Fla. L. Weekly D2558 (Fla. 3d DCA 11/17/10)

After ten months of record inactivity, the defendant served a notice of lack of prosecution.  More than sixty days later, the defendant moved to dismiss for lack of prosecution because of the absence of record activity during the preceding year.  On the day of the hearing on the defendant’s motion, the plaintiff noticed the case for trial, and the trial court granted the defendant’s motion to dismiss.  The appellate court affirmed because of the absence of “record activity within a year and because no good cause was demonstrated.”