Supreme Court of Florida

Pending motions do not preclude dismissal for failure to prosecute. The court reiterates that when considering whether a dismissal for failure to prosecute is proper under rule 1.420(e): "[F]irst, the defendant must show that there was no record activity for the year preceding the motion. Second, if there was no record activity, the plaintiff has an opportunity to establish good cause why the action should not be dismissed."

Appellate Information

• Decided 10/26/2006
• Published 10/26/2006

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Wendy Shay Temple and Howard S. Marks of Graham, Builder, Jones, Pratt and Marks, LLP, Winter Park, FL, for Petitioners.


• For Appellees:
  
• John S. Schoene, Maitland, Florida and Todd M. Hoepker, Orlando, FL, for Respondents.