Fallschase Development Corp. v. Sheard

Appellant, plaintiff in the trial court, seeks review of a final order dismissing the action for lack of prosecution, pursuant to Florida Rule of Civil Procedure 1.420(e). Appellant first argues that the dismissal was erroneous because it had filed two notices for trial, neither of which was acted on by the trial court. As a general rule, “once a plaintiff has given notice that it is ready for trial, the trial judge must enter an order fixing a date for trial and is therefore precluded from dismissing the action for lack of prosecution should the plaintiff fail to take any further action.”…