8/7/2023 0 Comments Order shamrock![]() The order provided that if record activity occurred within the 60 day period following service of the notice, then the court would hold a status conference on September 13, 2010. If n o record activity occurs in the sixty (60) days immediately following service of this notice, and no stay has been issued or approved by this court, or if no good cause why the action should remain pending is shown in writing at least five (5) days before the hearing scheduled below and filed in the action with the Clerk of Court, with a courtesy copy sent directly to the judge s office, THIS ACTION SHALL STAND DISMISSED FOR LACK OF PROSECUTION WITHOUT FURTHER ORDER OF COURT on, pursuant to Rule 1.420(e), Florida Rules of Civil Procedure. The court said that there had been no record activity within ten months, and then ordered, in part, as follows: 1. On July 8, 2010, the circuit court entered a motion, notice, and order of dismissal under the failure to prosecute section of Florida Rule of Civil Procedure 1.420(e). On January 22, 2009, Shamrock s attorney filed a notice of change of address in the case. Defaults were entered against each defendant. Shamrock Jewelers, Inc., filed a complaint against various defendants. ![]() ![]() We therefore relinquish jurisdiction to the circuit court with the observation that the trial judge may take a second look at the record activity and reconsider its earlier dismissal. This is a case where the appellant challenges a dismissal for failure to prosecute, but there is no final, appealable order to support jurisdiction. OF SOUTH FLORIDA, a Florida corporation, Appellee. ![]() ARANDY & COMPANY, INC., a Florida corporation, PETER J. SCHILLACI, RLS, INC., an Illinois corporation, JOHN R. DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2011 SHAMROCK JEWELERS, INC., a Florida corporation, Appellant, v. ![]()
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