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Florida Third DCA reverses trial court’s dismissal of plaintiff’s personal injury case based on lack of record activity, finds that plaintiff was not furnished with requisite notice prior to dismissal

On May 6, 2020, in Hernandez v. Ibrahim, No. 3D19-1621, the Florida Third DCA reversed a trial court’s dismissal of a plaintiff’s personal injury case based on lack of record activity after concluding that the plaintiff was not furnished with the requisite notice of record inactivity prior to the dismissal.   Fla. R. Civ. P. 1.420 provides that in all actions in which it appears on the face of the record that no activity has occurred for a period of ten months any interested person may serve notice to all parties that no such activity has occurred.  A sixty-day grace period then follows.  If there is no record activity within the sixty-day period, the case is subject to dismissal for lack of prosecution.  The Third DCA concluded that the trial court erred in two respects in dismissing the case.  First, there was in fact record activity within the ten-month period prior the trial court’s dismissal of the case following an in-chambers review for the court file (the plaintiff noticed a deposition nine months earlier).  Second, the trial court apparently acted without providing the requisite notice to the plaintiff allowing her the sixty-day grace period.

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