Fla. R. Civ. P. 1.420

Dismissal of Actions

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RULE 1.420. 	DISMISSAL OF ACTIONS
(a) 	Voluntary Dismissal.
(1) 	By Parties. Except in actions in which property has
been seized or is in the custody of the court, an action, a claim, or
any part of an action or claim 	may be dismissed by plaintiff
without order of court (A) before trial by serving, or during trial by
stating on the record, a notice of dismissal at any time before a
hearing on motion for summary judgment, or if none is served or if
the motion is denied, before retirement of the jury in a case tried
before a jury or before submission of a nonjury case to the court for
decision, or (B) by filing a stipulation of dismissal signed by all
current parties to the action. Unless otherwise stated in the notice
or stipulation, the dismissal is without prejudice, except that a
notice of dismissal operates as an adjudication on the merits when
served by a plaintiff who has once dismissed in any court an action
based on or including the same claim.
(2) 	By Order of Court; If Counterclaim. Except as
provided in subdivision (a)(1) of this rule, an action shall not be
dismissed at a party’s instance except on order of the court and
upon such terms and conditions as the court deems proper. If a
counterclaim has been served by a defendant prior to the service
upon the defendant of the plaintiff’s notice of dismissal, the action
shall not be dismissed against defendant’s objections unless the
counterclaim can remain pending for independent adjudication by
the court. Unless otherwise specified in the order, a dismissal under
this paragraph is without prejudice.

(b) 	Involuntary Dismissal. Any party may move for
dismissal of an action or of any claim against that party for failure
of an adverse party to comply with these rules or any order of court.
Notice of hearing on the motion shall be served as required under
rule 1.090(d). After a party seeking affirmative relief in an action
tried by the court without a jury has completed the presentation of
evidence, any other party may move for a dismissal on the ground
that on the facts and the law the party seeking affirmative relief has
shown no right to relief, without waiving the right to offer evidence if
the motion is not granted. The court as trier of the facts may then
determine them and render judgment against the party seeking
affirmative relief or may decline to render judgment until the close
of all the evidence. Unless the court in its order for dismissal
otherwise specifies, a dismissal under this subdivision and any
dismissal not provided for in this rule, other than a dismissal for
lack of jurisdiction or for improper venue or for lack of an
indispensable party, operates as an adjudication on the merits.
(c) 	Dismissal of Counterclaim, Crossclaim, or Third-Party
Claim. The provisions of this rule apply to the dismissal of any
counterclaim, crossclaim, or third-party claim.
(d) 	Costs. Costs in any action dismissed under this rule
shall be assessed and judgment for costs entered in that action,
once the action is concluded as to the party seeking taxation of
costs. When one or more other claims remain pending following
dismissal of any claim under this rule, taxable costs attributable
solely to the dismissed claim may be assessed and judgment for
costs in that claim entered in the action, but only when all claims
are resolved at the trial court level as to the party seeking taxation
of costs. If a party who has once dismissed a claim in any court of
this state commences an action based upon or including the same
claim against the same adverse party, the court shall make such
order for the payment of costs of the claim previously dismissed as
it may deem proper and shall stay the proceedings in the action
until the party seeking affirmative relief has complied with the
order.

(e) 	Failure to Prosecute. In all actions in which it appears
on the face of the record that no activity by filing of pleadings, order
of court, or otherwise has occurred for a period of 10 months, and
no order staying the action has been issued nor stipulation for stay
approved by the court, any interested person, whether a party to
the action or not, the court, or the clerk of the court may serve
notice to all parties that no such activity has occurred. If no such
record activity has occurred within the 10 months immediately
preceding the service of such notice, and no record activity occurs
within the 60 days immediately following the service of such notice,
and if no stay was issued or approved prior to the expiration of
such 60-day period, the action shall be dismissed by the court on
its own motion or on the motion of any interested person, whether a
party to the action or not, after reasonable notice to the parties,
unless a party shows good cause in writing at least 5 days before
the hearing on the motion why the action should remain pending.
Mere inaction for a period of less than 1 year shall not be sufficient
cause for dismissal for failure to prosecute.
(f) 	Effect on Lis Pendens. If a notice of lis pendens has
been filed in connection with a claim for affirmative relief that is
dismissed under this rule, the notice of lis pendens connected with
the dismissed claim is automatically dissolved at the same time.
The notice, stipulation, or order shall be recorded.
Committee Notes
1976 Amendment. Subdivision (e) has been amended to
prevent the dismissal of an action for inactivity alone unless 1 year
has elapsed since the occurrence of activity of record. Nonrecord
activity will not toll the 1-year time period.
1980 Amendment. Subdivision (e) has been amended to
except from the requirement of record activity a stay that is ordered
or approved by the court.
1992 Amendment. Subdivision (f) is amended to provide for
automatic dissolution of lis pendens on claims that are settled even
though the entire action may not have been dismissed.

2005 Amendment. Subdivision (e) has been amended to
provide that an action may not be dismissed for lack of prosecution
without prior notice to the claimant and adequate opportunity for
the claimant to re-commence prosecution of the action to avert
dismissal.
Court Commentary
1984 Amendment. A perennial real property title problem
occurs because of the failure to properly dispose of notices of lis
pendens in the order of dismissal. Accordingly, the reference in
subdivision (a)(1) to disposition of notices of lis pendens has been
deleted and a separate subdivision created to automatically dissolve
notices of lis pendens whenever an action is dismissed under this
rule.

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