City of Miami v. Katz

FERGUSON, Judge.

The dispositive question is whether a trial court in the exercise of its discretion may deny a defendant’s motion to dismiss a complaint, pursuant to Florida Rule of Civil Procedure 1.420(e) for failure to prosecute, where a hearing on the motion is not scheduled until seven months after filing the motion and where, in the interim, the plaintiff has actively prosecuted the claim through completion of discovery and setting the case for trial. We hold that the court did not abuse its discretion in denying the defendant’s motion to dismiss.

Rule 1.420(e) is not self-executing.…