Valdes v. Perez

COPE, Judge.

Jose and Maria Valdes appeal an order dismissing their lawsuit for failure to prosecute, pursuant to Florida Rule of Civil Procedure 1.420(e). We affirm.

In this case plaintiffs-appellants’ lawsuit had no record activity for over a year. Plaintiffs then sent defendant-appellee Lina Perez a demand for judgment under section 768.79, Florida Statutes (1993). The demand did not generate record activity. See id. § 768.79(3). Thereafter, defendant moved to dismiss for failure to prosecute, pursuant to Rule 1.420(e). The trial court granted the motion and dismissed the action.

We conclude…