Scharlin v. Broward County Property Appraisal Adjustment Board

STONE, Judge.

This is an appeal from a judgment of dismissal for failure to prosecute, entered pursuant to Florida Rule of Civil Procedure 1.420(e).

The one-year period without record activity required for dismissal would have expired on June 1, 1985. However, on May 15, 1985, the trial court, sua sponte, issued an order to show cause, scheduling a hearing in June. On May 20, 1985, the plaintiff delivered to the court a notice certifying that the case was at issue and ready for trial on a non-jury calendar. The court clerk did not “clock in” and file this notice because a proposed court order,…