Kendry v. Meadowlark Real Estate, LLC
Kendry v. Meadowlark Real Estate, LLC
Opinion of the Court
We reverse the trial court’s order dismissing the suit for lack of prosecution
Although a transcript of the hearing was not provided to this Court, the language in the order of dismissal suggests that the trial court declared Appellant’s filings to be a nullity only because they did not move the case forward. While it is debatable whether the filings advanced the litigation, Appellant’s filings were made within sixty-day grace period and were sufficient to avoid dismissal of the cause. Chemrock Corp. v. Tampa Elec. Co., 71 So.3d 786, 792 (Fla. 2011). The supreme court has expressly rejected the distinction between active and passive record activity, holding that “any filing of record is sufficient to preclude dismissal.” Id. (emphasis added). We, therefore, REVERSE and REMAND for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.