Legal Question in Family Law in Florida
Hi. I live in Florida, and I received a letter in the mail listing my ex husband as the petitioner, and myself as the respondent. The letter's heading reads "Notice of lack of prosecution on reopen case," and talks about how there has been no activity on the case in the last 10 months, and pursuant to Rule 1.420(e) if no activity occurs within 30 days, or unless a party shows good cause in writing within 10 days, the action reopening this case has been dismissed. What exactly does this mean? Was he trying to reopen the divorce case that was finalized in 2006?
3 Answers from Attorneys
It would appear that he had filed the case a long time ago and may not have known how to have you served. So much time has now gone by that the Clerk of Court wants to dismiss the case because it is not moving towards resolution. If this is the first that you are hearing about it, your ex-husband either did not know where you were or did not know that he needed to have you served.
The clerk will send this type of notice automatically if there has been no activity for some time.
The safest action for you is to go to the clerk of courts office and review the court file. The majority of counties have a person called "Pro Se Coordinator" who may be able to answer simple questions for you.
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