Kodner v. Florida Power & Light Co.

POLEN, Judge.

Russel Kodner appeals from an order dismissing his personal injury action for lack of prosecution. We reverse.

Florida Rule of Civil Procedure 1.420(e), provides as follows with regard to when an action can be dismissed for failure to prosecute:

Failure to Prosecute. All actions in which it appears on the face of the record that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 1 year shall be dismissed by the court on its own motion or on the motion of any interested person, whether a party to the action or not, after reasonable notice…