Florida Family Law Rule 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.
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.
Commentary
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.
(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.
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.
Commentary
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.