Dismissing a Florida Lawsuit for Lack of Prosecution

You know, if somebody files a lawsuit in Florida and they don’t do anything, they just can’t sit on it, it might be dismissed under rule 1.420 (e) for lack of prosecution. That rule sets forth the guidelines and criteria for when a matter, a lawsuit can be dismissed when there is no record of activity.

Now, rule 1.420 (e) is under the Florida rules of Civil Procedure, different than the probate rules, but if you want to learn more about a lack of prosecution defense or a lack of prosecution motion to get rid of a case, you can read a very recent appellate opinion, NRG Investment Partners.

It is a 2017 appeal that was decided on March 6th 2019 by Florida’s Second District Court of Appeal. You can go to the Second DCA website, click on Opinions, scroll down, and read about this particular legal issue.