Burk v. Value Rent-A-Car

Appellant appeals dismissal of her personal injury suit for lack of prosecution. We reverse because activity appears on the face of the record.

A dismissal for lack of prosecution occurs after two distinct steps: “First, the defendant is required to show there has been no record activity for the year preceding the motion. Second, if there has been no record activity, the plaintiff has an opportunity to establish good cause why the action should not be dismissed.” Del Duca v. Anthony, 587 So.2d 1306, 1308 (Fla.1991). Here, eighteen calendar days before Appellee moved to dismiss the action for…