Florida Rules of Civil Procedure

Form 1.989 – ORDER OF DISMISSAL FOR LACK OF PROSECUTION

(a) Notice of Lack of Prosecution.

NOTICE OF LACK OF PROSECUTION

PLEASE TAKE NOTICE that 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 immediately preceding service of this notice, and no stay has been issued or approved by the court. Pursuant to rule 1.420(e), if no such record activity occurs within 60 days following the service of this notice, and if no stay is issued or approved during such 60-day period, this action may be dismissed by the court on its own motion or on the motion of any interested person, whether a party to the action or not, after reasonable notice to the parties, unless a party shows good cause in writing at least 5 days before the hearing on the motion why the action should remain pending.

(b) Order Dismissing Case for Lack of Prosecution.

ORDER OF DISMISSAL

This action was heard on the …..respondent’s/ court’s/interested party’s….. motion to dismiss for lack of prosecution served on …..(date)…… The court finds that (1) notice pre-scribed by rule 1.420(e) was served on …..(date)…..; (2) there was no record activity during the 10 months immediately preceding service of the foregoing notice; (3) there was no record activity during the 60 days immediately following service of the foregoing notice; (4) no stay has been issued or approved by the court; and (5) no party has shown good cause why this action should remain pending. Accordingly,

IT IS ORDERED that this action is dismissed for lack of prosecution.

ORDERED at ……………….., Florida, on …..(date)……

____________________________________

Judge.

Amended by 917 So.2d 176, effective 1/1/2006; added by 253 So.2d 404, effective 12/31/1971; added by 211 So.2d 174, effective 10/1/1968.