Scharlin v. Broward County Property Appraisal Adjustment Board
Docket: No. 85-2045
Court: District Court of Appeal of Florida; January 6, 1987; Florida; State Appellate Court
An appeal was made regarding a judgment of dismissal for failure to prosecute under Florida Rule of Civil Procedure 1.420(e). The one-year inactivity period for dismissal was set to expire on June 1, 1985. However, on May 15, 1985, the trial court issued an order to show cause, scheduling a hearing for June. On May 20, 1985, the plaintiff submitted a notice asserting that the case was at issue and ready for trial, but the court clerk did not file this notice because a related proposed court order had not been signed by the judge. The notice included a service certification dated May 20. Additionally, a separate document titled "Showing of Good Cause Why Action Should Not Be Dismissed" was filed on May 22, which also referenced the May 20 notice and included a service certification. The court order was never signed, and thus the notice was never officially filed. The court rejected the appellees' argument that the date of service determined the last record activity, clarifying that the date of filing is what impacts the one-year period. The court determined that the delivery of the notice constituted adequate filing and confirmed there was record activity within the one-year timeframe. The judgment of dismissal was reversed and the case was remanded for further proceedings, with Judges Downey and Letts concurring.