United States · Florida trial and posttrial
What follows service of a Florida notice of lack of prosecution?
Rule 1.420(e) requires no record activity during the sixty days immediately following service of the notice, in addition to the preceding ten-month condition, before its dismissal branch applies. A stay issued or approved before the sixty days expire prevents that branch. The court must still give reasonable notice and consider timely written good cause.
- Period
- Sixty days immediately following actual notice service within the complete Rule 1.420(e) procedure
- Trigger
- Actual service of a qualifying lack-of-prosecution notice on the parties, with the preceding record and stay conditions established
- Rule
- Florida Rule of Civil Procedure 1.420(e)
Official civil compilation published October 1, 2026 and general practice compilation published July 1, 2026
Source guide · No automated date
Establish the complete Florida civil procedure
The sixty-day component depends on a qualifying notice, the preceding ten months, subsequent record activity and timely stay status. Judicial dismissal, reasonable notice and written good cause remain separate. A single service input cannot establish the complete disposition.
Florida Rule of Civil Procedure 1.420(e)What lawyers say
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Which actual event starts this Florida civil period?
Preserve the served notice and establish actual service on the parties.
Inspect the preceding ten months and all record activity during the following sixty days.
Check stay issuance or approval before expiration and preserve any actual dismissal-hearing notice.
Florida Rule of Civil Procedure 1.420(e)How does Florida count this civil period?
- Preserve the served notice and establish actual service on the parties.
- Rule 1.090(a) incorporates Rule 2.514 for an established day period. The sixty-day component must still be read with the actual notice, complete record and stay conditions. A mail-only service adjustment, local closure or actual order requires separate review. This guide does not publish an isolated expiration as a dismissal date.
- Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
- Complete the required act with the proper court or recipient.
Apply the observed New Year’s Day, Martin Luther King Jr. birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day holidays. Section 110.117 observes Saturday holidays on the preceding Friday and Sunday holidays on the following Monday. Rule 2.514 also includes clerk-observed holidays and days designated by the chief justice or chief judge. An ineligible final day moves in the counting direction. The bundled Florida calendar covers 2026 through 2028. Verify additional closures and chief-justice extensions separately.
Florida Rule of General Practice and Judicial Administration 2.514(a)Why does this procedure need a separate comparison?
The sixty-day component depends on a qualifying notice, the preceding ten months, subsequent record activity and timely stay status. Judicial dismissal, reasonable notice and written good cause remain separate. A single service input cannot establish the complete disposition.
Which Florida civil qualifications change the procedure?
- Record, notice, stay and hearing conditions all matter
- Rule 1.420(e) requires no activity on the face of the record during the ten months immediately before notice service and none during the sixty days immediately after service. A stay issued or approved before the sixty-day period expires prevents that dismissal branch. The court acts after reasonable notice and considers timely written good cause. Mere inaction for less than one year is insufficient cause for dismissal.
- Actual notice service starts the post-notice component
- Rule 1.420(e) uses the sixty days immediately following service of the notice. Notice drafting, filing alone or an informal warning does not establish that service. Preserve the applicable recipients and service method under Rule 1.080(a).
- Record activity and stays are separate conditions
- The stated branch requires no activity on the face of the record in the post-notice interval and no stay issued or approved before expiration. Inspect actual filings, court orders and stay dispositions. The calculator cannot decide their legal character.
- A later hearing retains written good cause
- A party may show good cause in writing at least five days before the actual hearing on the motion. Timely submission does not establish sufficient cause or a granted disposition.
- This page does not establish a valid referral, actual court setting, sufficient good cause, settlement authority or court enforcement.
- Check the operative edition, actual notice, record activity, motions, interruptions, orders and additional closures.
What must be filed, served and preserved?
Questions about this Florida civil act
What follows service of a Florida notice of lack of prosecution?
Does the case dismiss itself sixty days after service?
The rule requires court action after reasonable notice and preserves written good cause. The record and stay conditions must also be satisfied.
Florida Rule of Civil Procedure 1.420(e)Does filing the notice establish its service date?
The rule measures the following interval from service. Preserve actual service and its recipients separately from filing.
Florida Rule of Civil Procedure 1.420(e)Is written good cause due five days before the sixty-day endpoint?
It is due at least five days before the actual hearing on the dismissal motion. The hearing is a separate event.
Florida Rule of Civil Procedure 1.420(e)Official Florida sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| Florida Rule of Civil Procedure 1.420(e) | The responsible actor, actual event and stated procedural period |
| Florida Rule of Civil Procedure 1.420(e) | Record, notice, stay and hearing conditions all matter |
| Florida Rule of Civil Procedure 1.420(e),1.080(a) | Actual notice service starts the post-notice component |
| Florida Rule of Civil Procedure 1.420(e) | Record activity and stays are separate conditions |
| Florida Rule of Civil Procedure 1.420(e) | A later hearing retains written good cause |
| Florida Rule of Civil Procedure 1.080(a),(b) | Applicable computation, filing, service and proof |
| Florida Rule of Civil Procedure 1.090(a),(b) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.514(a)–(b) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.516(b),(f) | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.525(b),(c),(e) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |