Wilson v. Salamon

Summary

The Supreme Court of Florida held that a trial court order entered and filed to resolve a properly filed motion in good faith constitutes record activity under Florida Rule of Civil Procedure 1.420(e). The court rejected a subjective inquiry into whether record activity was passive or intended to hasten resolution, quashed the Second District Court of Appeal's decision, and remanded. The decision concerned dismissal for failure to prosecute.

Holdings

1. A trial court order entered and filed to resolve a motion properly filed in good faith constitutes record activity that precludes dismissal for failure to prosecute under rule 1.420(e).
2. Courts should not look behind the face of the record to determine whether recorded activity was passive or active when applying rule 1.420(e); the rule establishes a bright-line inquiry into whether qualifying activity appears on the face of the record.
3. Dismissal under rule 1.420(e) was improper because the order granting the motion to appear pro hac vice was record activity appearing within the relevant period.

Questions Presented

1. Whether an order entered and filed to resolve a motion properly filed in good faith constitutes record activity under Florida Rule of Civil Procedure 1.420(e).
2. Whether trial courts may look behind record activity and determine subjectively whether an order or filing was passive or was calculated to move the case toward judgment.
3. Whether the Second District properly affirmed dismissal of the action for failure to prosecute.

Disposition

quashed