Jones v. Garcia

SCHEB, Acting Chief Judge.

Plaintiff Jones appeals the dismissal of his case for failure to prosecute under Florida Rule of Civil Procedure 1.420(e). The issue is whether Jones’ filing of a notice of hearing on third party defendant Great American Surplus Lines Insurance Company’s motion to transfer constitutes record activity.

Rule 1.420(e) requires that, absent a showing of good cause, an action in which there has been no record activity for a period of one year must be dismissed. Jones filed his notice of hearing on September 28, 1987. Prior to this, the last record activity occurred on…