When does Florida record inactivity permit a notice of lack of prosecution?

Inspect the complete docket for pleadings, court orders and other activity on the face of the record.

Check whether a stay was issued or a stay stipulation approved by the court.

Identify the actual notice and its service on every party.

1. Inspect the complete docket for pleadings, court orders and other activity on the face of the record.
2. The rule states ten months of inactivity on the face of the record immediately before actual notice service. Review the entire interval and all qualifying record activity. Do not replace months with a fixed number of days. Rule 1.090(a) incorporates Rule 2.514, but an isolated month calculation cannot establish the required record and stay conditions.
3. Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
4. 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.

Rule 1.420(e) requires the complete record and absence of a qualifying stay, followed by actual notice service on all parties. One selected last-entry date cannot establish these conditions or the later dismissal 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.

The notice must reach the prescribed party set

Rule 1.420(e) permits an interested person, whether a party or not, the court or the clerk to serve the notice to all parties. Preserve actual service rather than treating a draft, informal warning or selected docket date as the notice.

Court-issued and court-approved stays are material

An existing court-issued stay or court-approved stay stipulation prevents the stated notice branch. Later dismissal also requires no stay issued or approved before expiration of the post-notice sixty days. A requested stay is not an issued or approved stay.

Inactivity does not itself dismiss the case

Dismissal occurs by the court, on its own motion or an interested person’s motion, after reasonable notice and subject to timely written good cause. Mere inaction for less than one year is insufficient cause under the rule.

• 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.

• Inspect the complete docket for pleadings, court orders and other activity on the face of the record.
• Check whether a stay was issued or a stay stipulation approved by the court.
• Identify the actual notice and its service on every party.
• 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.
• Rule 1.420(e) permits an interested person, whether a party or not, the court or the clerk to serve the notice to all parties. Preserve actual service rather than treating a draft, informal warning or selected docket date as the notice.
• An existing court-issued stay or court-approved stay stipulation prevents the stated notice branch. Later dismissal also requires no stay issued or approved before expiration of the post-notice sixty days. A requested stay is not an issued or approved stay.
• Dismissal occurs by the court, on its own motion or an interested person’s motion, after reasonable notice and subject to timely written good cause. Mere inaction for less than one year is insufficient cause under the rule.
• Serve the actual notice on all parties through the applicable service procedure. Preserve the full record, any stay and the notice-service evidence. The sixty-day post-notice condition and reasonable notice of a dismissal hearing remain separate. A docket calculation is not a notice, judicial dismissal or finding of insufficient prosecution.