Civil Litigation
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Amorello v. Tauck
27 Fla. L. Weekly D1017 (Fla. 4th DCA May 10, 2002)
The two part rule to determine whether a case is subject to dismissal for lack of prosecution is first, that the defendant establishes that no record activity occurred for a period of over one year, and second, that the plaintiff does not have good cause for failing to meet this requirement. Here, the party filed a motion for summary judgment based upon a partial list of the claimed defenses. Within the one-year time limit, the party filed another motion for summary judgment incorporating the same issues as before but including the remained of the claimed defenses. The court found that, although similar, these two motions were separate because the later attempted to resolve the entire case whereas the first only attempted to resolve several of the issues.
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