OLGA MARRERO, APPELLANT,
v.
HIALEAH CLUB VILLAS CONDOMINIUM ASSOCIATION, INC., AND UNLIMITED PROPERTY MANAGEMENT, LLC, APPELLEE
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The Florida District Court of Appeal affirmed the dismissal of a condominium owner's action against her homeowners association for failure to prosecute under Florida Rule of Civil Procedure 1.420(e), where no record activity occurred for more than one year despite defendants' notice and sixty-day cure period.
The dismissal was proper because no record activity occurred within the required one-year period and the plaintiff failed to demonstrate good cause for maintaining the action pending.
[1] An action may be dismissed for failure to prosecute if no record activity has occurred for a period of 10 months and no record activity occurs within 60 days after notice…
[2] A party seeking to avoid dismissal for failure to prosecute must demonstrate good cause in writing at least 5 days before the hearing on the motion.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In all actions in which it appears on the face of the record that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 10 months, and no order staying the action has been issued nor stipulation for stay approved by the court, any interested person, whether a party to the action or not, the court, or the clerk of the court may serve notice to all parties that no such activity has occurred.”
Establishes the threshold requirements for triggering the failure to prosecute dismissal rule under Florida Rule of Civil Procedure 1.420(e).
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Join FLexlaw to unlock all legal intelligencePlaintiff filed suit in September 2007, with the last record activity occurring on October 3, 2008. On August 5, 2009, defendants served notice that n…
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We affirm dismissal of the instant action for failure to prosecute. The action was filed in September of 2007 with the last record activity on October 3, 2008. On August 5, 2009, the defendants filed and served a notice on counsel for the plaintiff that it appeared on the face of the record that no activity had occurred for a period of ten months and that no stay had been entered and that if no such record activity occurred within sixty days, the defendants or the court below would move for dismissal pursuant to Florida Rule of Civil Procedure 1.420(e). On October 27, 2009, more than sixty days later, the defendants moved to dismiss because no record activity had occurred within the past year. Although the action was not at issue and ready to be tried, on November 3, the day on which defendants’ motion to dismiss was heard, the plaintiff filed a notice to set this matter for trial. That same day the motion to dismiss was granted.
We affirm the dismissal because no record activity occurred within a year and because no good cause was demonstrated. See Fla. R. Civ. P. 1.420(e).1
Affirmed.