GREGAN CONSTRUCTION CORP., APPELLANT,
v.
CLIFFORD FRIEBLAND, APPELLEE
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Florida appellate court affirmed dismissal for lack of prosecution, holding that transferring a mechanic's lien to a bond under Fla. Stat. § 713.24 does not constitute sufficient record activity to prevent dismissal.
Transfer of a mechanic's lien to a bond pursuant to Fla. Stat. § 713.24 does not constitute record activity sufficient to preclude dismissal for lack of prosecution.
[1] Transfer of a mechanic's lien to a bond pursuant to Fla. …
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Join FLexlaw to unlock all legal intelligenceGregan Construction Corp. held a mechanic's lien on property owned by Clifford Friebland. The defendant obtained a court order specifying the amount r…
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PER CURIAM.
The order dismissing this matter for lack of prosecution is affirmed.
The transfer of the underlying mechanic’s lien on the subject property to a bond pursuant to Section 713.24, Florida Statutes did not advance the litigation, and, in fact, litigation need not even be pending for a property owner to make such a transfer. Thus, the defendant’s motion for a court order specifying the proper amount of the transfer bond, and the agreed order entered on that motion, is not sufficient “record activity” to preclude dismissal for lack of prosecution under Rule 1.420(e), Florida Rules of Civil Procedure. Sheen v. Time Inc. Magazine Co., 817 So. 2d 974, 976 (Fla. 3d DCA 2002)(“[N]ot every document filed in a case qualifies as record activity ... the activity must constitute an affirmative act calculated to hasten the suit to judgment.”) Neither the order specifying the amount required to transfer the lien to a bond, nor the underlying motion, is activity designed to move the case forward toward a conclusion on the merits, or hasten the suit to judgment, or advance the case toward resolution in any way. Moossun v. Orlando Regional Health Care, 826 So. 2d 945 (Fla.2002); Toney v. Freeman, 600 So. 2d 1099 (Fla.1992).
There was no sufficient record activity for over a year, and no showing of good cause made by plaintiff to preclude dismissal under Rule 1.420(e). National Enterprises, Inc. v. Foodtech Hialeah, Inc., Ill So. 2d 1191 (Fla. 3d DCA 2001).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Toney v. Nebuchadnezzar Freeman, 600 So. 2d 1099 (Fla. 1992)
- Moossun v. Orlando Reg'l Health Care, 826 So. 2d 945 (Fla. 2002)
- Sheen v. THE Time Inc. Magazine Co. & John Sims, 817 So. 2d 974 (Fla. 3d DCA 2002)