Fla. Fam. L. R. P. 12.420

RULE 12.420

DISMISSAL OF ACTIONS

(a) Voluntary Dismissal.

(1) By Parties. An action or a claim may be dismissed

(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.

(2) By Order of Court; Counterpetition. Except as

provided in subdivision (a)(1), an action may not be dismissed at a

party’s request except on order of the court and on such terms and

conditions as the court deems proper. If the petitioner files a notice

of dismissal of the original petition after a counterpetition is served

by the respondent, the counterpetition shall not be automatically

dismissed.

(3) Adjudication on the Merits. Unless otherwise

specified in a notice of stipulation, a voluntary dismissal is without

prejudice and does not operate as an adjudication on the merits.

(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.

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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 if the motion is not granted.

Involuntary dismissal for lack of jurisdiction, improper venue, or

lack of an indispensable party does not act as an adjudication on

the merits. All other involuntary dismissals operate as an

adjudication on the merits, unless otherwise specified by the court.

(c) Costs. Costs shall be assessed, except that the court may

not require the payment of costs of a previously dismissed claim,

which was based on or included the same claim against the same

adverse party as the current action.

(d) Failure to Prosecute. In all actions in which it appears

on the face of the record that for a period of 10 months, no activity

by filing of pleadings or order of court has occurred, 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 the notice, and no record activity occurs within 60 days

immediately following the service of the notice, and if no stay was

issued or approved before the expiration of the 60-day period, the

action must 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 is not sufficient cause for dismissal for

failure to prosecute.

(e) 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 must be recorded.

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1995 Adoption. Subdivision (a), which amends Florida Rule of

Civil Procedure 1.420(a)(1), was added to eliminate the language of

that subdivision which reads “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” and to specifically provide to the

contrary. Subdivision (b), which amends rule 1.420(d), was added to

prevent the discouragement of reconciliation.