Gregan Construction Corp. v. Friebland

The order dismissing this matter for lack of prosecution is affirmed.

The transfer of the underlying mechanic’s lien on the subject property to a bond pursuant to Section 713.24, Florida Statutes did not advance the litigation, and, in fact, litigation need not even be pending for a property owner to make such a transfer. Thus, the defendant’s motion for a court order specifying the proper amount of the transfer bond, and the agreed order entered on that motion, is not sufficient “record activity” to preclude dismissal for lack of prosecution under Rule 1.420(e), Florida Rules of Civil…