Jones v. Volunteers of America North & Central Florida, Inc.

KELLY, Judge.

Jane Jones appeals from the trial court’s order granting the motions to dismiss for lack of prosecution filed by the defendants, Volunteers of America North and Central Florida, Inc., and Kimberly S. Cullen. The trial court, in its order, found that the cause was not at issue as to both defendants at the time the notice for trial was filed and, therefore, the notice was insufficient record activity to prevent dismissal. We agree and affirm.

Ordinarily, an action is not subject to dismissal for lack of prosecution under Florida Rule of Civil Procedure *2811.420(e)1 if the plaintiff has…