Legal Question in Civil Litigation in Florida

In 2010 I lost a motion to set aside a default judgment. No further action was taken by any party.

In 2011 {more than a year later} the court filed notice of lack of prosecution and motion to dismiss in 60 days.

According to case progress docket, and confirmed by clerk, the plaintiff never responded.

The court did not dismiss, though it states in notice that "cause WILL be dismissed" after 60 days.

Instead 240 days after the 60 days I find a summary judgment against me.

Did the court not have the authority to dismiss case after default judgment?

Was the filing of lack of prosecution notice a mistake by the court?

Asked on 2/13/13, 7:42 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

If there was a judgment entered in 2010 and the motion to set it aside was denied, then the case is over. There is nothing to dismiss as the judgment remains pending. The lack of prosecution motion would appear to be an error.

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Answered on 2/13/13, 8:09 am

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