MICHAEL LESINSKI v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT

The plaintiff appeals from the circuit court’s order denying his Florida Rule of Civil Procedure 1.540(b)(1) motion to vacate the court’s earlier Florida Rule of Civil Procedure 1.420(e) dismissal order. The plaintiff primarily argues the court erred-in denying the motion because the motion established excusable neglect for his failure to timely respond, to the court’s notice of lack of prosecution. We disagree with the plaintiff and affirm.

We present this opinion in three parts:

1. the procedural history;

2. our review; and

3. a detailed comparison to an analogous case.

1. Procedural History

After…