Fla. Sm. Cl. R. 7.110

DISMISSAL OF ACTIONS

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RULE 7.110. 	DISMISSAL OF ACTIONS
(a) 	Voluntary Dismissal; Effect of.
(1) 	By Parties. Except in actions where property has
been seized or is in the custody of the court, an action may be
dismissed by the plaintiff without order of court by:
(A) by the plaintiff informing the defendant and
clerk of the dismissal before the trial date fixed in the notice to
appear, or 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
parties who have appeared in the action.
The dismissal is without prejudice unless otherwise
stated. A dismissal operates as an adjudication on the merits when
a plaintiff has dismissed an action based on or including the same
claim in any court.
(2) 	By Order of the Court. Except as provided in this
rule, an action must not be dismissed except on order of the court
with terms and conditions as the court finds proper. A dismissal

 

 
under this subdivision is without prejudice unless otherwise
specified in the order.
(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.
After a party seeking affirmative relief in an action 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 in the event the motion is not
granted. The court may then determine and render judgment
against the party seeking affirmative relief or may decline to render
any judgment until the close of all the evidence. Unless the court
otherwise specifies in its order for dismissal, 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) 	Counterclaim. If a counterclaim has been filed by the
defendant before the plaintiff voluntarily dismissed the original
action, the defendant’s counterclaim remains pending unless the
defendant agrees to its dismissal. The provisions of this rule apply
to the dismissal of any counterclaim.
(d) 	Costs. Costs must be assessed and judgment for costs
entered in any action dismissed under this rule. If a party who has
once dismissed a claim in any court of this state commences an
action based on or including the same claim against the same
adverse party, the court must order for the payment of costs of the
claim previously dismissed in an amount found proper and stay the
proceedings in the action until the party seeking affirmative relief
has complied with the order.

 

 
(e) 	Failure to Prosecute.
(1) 	If it appears on the face of the record that no
activity has been taken by filing of pleadings, order of court, or
otherwise for a period of 6 months, the action must be dismissed by
the court on its own motion or on motion of any interested person,
whether a party to the action or not.
(2) 	Prior to any action being dismissed for failure
to prosecute, 30 days’ notice must be provided to the parties.
(3) 	An action cannot be dismissed for failure to
prosecute if:
(A) 	a stipulation staying the action has been
filed with the court;
(B) 	a stay order has been filed; or
(C) 	a party shows good cause in writing at
least 5 days before the hearing on the motion why the action should
remain pending.
Committee Notes
1978 Amendment. Former subdivision (e) provided for 1 year
rather than 6 months.
1984 Amendment. Subdivision (e) is changed to allow more
time for an attorney to inquire about the status of a claim. Many
actions are disposed of by a stipulation to pay, and it may take
longer than 10 days to determine the amount due, if any.
1996 Amendment. Subdivision (e) is amended to be
consistent with Fla. R. Civ. P. 1.420(e), which includes specific
language concerning a stipulation staying the action approved by

 

 
the court or a stay order as a condition when an action would not
automatically be up for dismissal based on lack of prosecution.
Court Commentary
1972 Amendment. Substantially the same as Florida Rule of
Civil Procedure 1.420.

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