IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR HIGHLANDS, HARDEE AND POLK COUNTIES

ADMINISTRATIVE ORDER NO. 3-1.0

NOTICE OF DISMISSAL AND DISMISSAL FOR LACK OF PROSECUTION IN CIVIL CASES

WHEREAS, Rule 1.420(e) RCP states:

"All actions in which it appears on the face of the record that no activity by filing pleadings, order of the court or otherwise has occurred for a period of one year shall be dismissed by the court on its own Motion or on 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 five days before the hearing on the Motion, why the action should remain pending. Mere inaction for a period of less than one year shall not be sufficient cause for dismissal for failure to prosecute."

FURTHER, the circuit judges of this circuit in Conference on July 19, 1979, unanimously approved a Motion that the chief judge resolve any conflicts or problems involved in the application of the above rule in the circuit. Therefore, it is

ORDERED THAT:

1. The clerks of court will provide each judge assigned to the General Civil Division a monthly listing of his cases wherein there has been no action of record for a period of one year.

2. Each judge upon receipt of the monthly listing of his inactive civil cases should review such list and instruct his secretary to prepare for his signature appropriate notices of intent to dismiss. Attached are recommended forms of Notice of Intent to dismiss and of the Order of Dismissal.

3. Previous orders on this subject both verbal and in writing are herewith revoked, including Administrative Order No. 3.

DONE AND ORDERED in Chambers in Bartow, Polk County, Florida this 31st day of July, 1979.

OLIVER L. GREEN, JR.

CHIEF JUDGE