03-0143 GREGAN V. FRIEDLAND

State: Florida

Court: Florida Third District Court

Docket No: 03-0143 GREGAN V. FRIEDLAND

Case Date: 07/23/2003

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2003 GREGAN CONSTRUCTION CORP., Appellant, vs. CLIFFORD FRIEDLAND, Appellee. ** ** ** ** ** CASE NO. 3D03-143 LOWER TRIBUNAL NO. 01-19590

Opinion filed July 23, 2003. An appeal from the Circuit Court for Miami-Dade County, Florida, Barbara S. Levenson, Judge. Lopez & Best and Virginia M. Best, for appellant. Harvey D. Rogers, for appellee. Before GREEN, and SHEVIN, JJ., and NESBITT, Senior Judge. PER CURIAM. The order dismissing this matter for lack of prosecution is affirmed. The transfer of the underlying mechanic's lien on the subject property to a bond pursuant to Section 713.24, Florida Statutes did not advance the litigation, and, in fact, litigation need not even

be pending for a property owner to make such a transfer.

Thus, the

defendant's motion for a court order specifying the proper amount of the transfer bond, and the agreed order entered on that motion, is not sufficient "record activity" to preclude dismissal for lack of prosecution under Rule 1.420(e), Florida Rules of Civil

Procedure.

Sheen v. Time Inc. Magazine Co., 817 So. 2d 974, 976

(Fla. 3d DCA 2002)("[N]ot every document filed in a case qualifies as record activity . . . the activity must constitute an

affirmative act calculated to hasten the suit to judgment.") Neither the order specifying the amount required to transfer the lien to a bond, nor the underlying motion, is activity designed to move the case forward toward a conclusion on the merits, or hasten the suit to judgment, or advance the case toward resolution in any way. Moossun v. Orlando Regional Health Care, 826 So. 2d 945 (Fla. 2002); Toney v. Freeman, 600 So. 2d 1099 (Fla. 1992).

There was no sufficient record activity for over a year, and no showing of good cause made by plaintiff to preclude dismissal under Rule 1.420(e). National Enterprises, Inc. v. Foodtech

Hialeah, Inc., 777 So. 2d 1191 (Fla. 3d DCA 2001). Affirmed.

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