Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Who has a duty to progress a Florida family law case? The simple answer is, the party who is petitioning for relief from the court. If a case sits for too long without activity, the rules permit a court to dismiss or close a case. But certain notice has to be given to a party that this will happen after a certain period of inactivity has passed. This was an issue in the case Bravo v. CJM Partners, LLC, 3D21-1517 (Fla. 3d DCA August 17, 2022).
Although not a case involving family law issues, this case touches on a topic that comes up in family law cases. According to the Florida Family Law Rules of Procedure, “In all actions in which it appears on the face of the record that for a period of 10 months, no activity by filing of pleadings or order of court has occurred, and no order staying the action has been issued nor stipulation for stay approved by the court, any interested person, whether a party to the action or not, the court, or the clerk of the court may serve notice to all parties that no such activity has occurred. If no such record activity has occurred within the 10 months immediately preceding the service of the notice, and no record activity occurs within 60 days immediately following the service of the notice, and if no stay was issued or approved before the expiration of the 60-day period, the action must 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. Mere inaction for a period of less than 1 year is not sufficient cause for dismissal for failure to prosecute.” Fla. Fam. L. R. P. 12.420(d).
In the Bravo case, the court dismissed the petition for lack of prosecution under the similar rule of civil procedure. The petitioner appealed, and the appellate court reversed, holding there was a due process violation where “The record establishes [plaintiff] was never sent notice of inactivity as required by Florida Rule of Civil Procedure 1.420(e) or the trial court’s order dismissing the case for lack of prosecution. Neither [defendants] provided sufficient evidence to the contrary.”
Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.