Florida Small Claims Rule 7.110
RULE 7.110. DISMISSAL OF ACTIONS
(a) Voluntary Dismissal; Effect Thereof.
(1) By Parties. Except in actions where property has
been seized or is in the custody of the court, an action may be
dismissed by the plaintiff without order of court (A) by the plaintiff
informing the defendant and clerk of the dismissal before the trial
date fixed in the notice to appear, or 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 parties who have appeared in the action. Unless
otherwise stated, the dismissal is without prejudice, except that a
dismissal operates as an adjudication on the merits when a plaintiff
has once dismissed in any court an action based on or including
the same claim.
(2) By Order of the Court; If Counterclaim. Except as
provided in subdivision (a)(1) of this rule, an action shall not be
dismissed at a party’s instance except upon order of the court and
on such terms and conditions as the court deems proper. If a
counterclaim has been made by the defendant before the plaintiff
dismisses voluntarily, the action shall not be dismissed against the
defendant’s objections unless the counterclaim can remain pending
for independent adjudication. Unless otherwise specified in the
order, a dismissal under this subdivision is without prejudice.
(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 upon the facts and the law the party
seeking affirmative relief has shown no right to relief without
waiving the right to offer evidence in the event the motion is not
granted. The court may then determine them and render judgment
against the party seeking affirmative relief or may decline to render
any judgment until the close of all the evidence. Unless the court in
its order for dismissal otherwise specifies, a dismissal under this
subdivision and any dismissal not provided for in this rule, other
than a dismissal for lack of jurisdiction or for improper venue or for
lack of an indispensable party, operates as an adjudication on the
merits.
(c) Dismissal of Counterclaim. The provisions of this rule
apply to the dismissal of any counterclaim.
(d) Costs. Costs in any action dismissed under this rule
shall be assessed and judgment for costs entered in that action. If a
party who has once dismissed a claim in any court of this state
commences an action based on or including the same claim against
the same adverse party, the court shall make such order for the
payment of costs of the claim previously dismissed as it may deem
proper and shall stay the proceedings in the action until the party
seeking affirmative relief has complied with the order.
(e) Failure to Prosecute. All actions in which it affirmatively
appears that no action has been taken by filing of pleadings, order
of court, or otherwise for a period of 6 months 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 30 days’ notice to the
parties, unless a stipulation staying the action has been filed with
the court, or a stay order has been filed, or a party shows good
cause in writing at least 5 days before the hearing on the motion
why the action should remain pending.
Committee Notes
1978 Amendment. Former subdivision (e) provided for 1 year
rather than 6 months.
1984 Amendment. Subdivision (e) is changed to allow more
time for an attorney to inquire about the status of a claim. Many
actions are disposed of by a stipulation to pay, and it may take
longer than 10 days to determine the amount due, if any.
1996 Amendment. Subdivision (e) is amended to be
consistent with Fla. R. Civ. P. 1.420(e), which includes specific
language concerning a stipulation staying the action approved by
the court or a stay order as a condition when an action would not
automatically be up for dismissal based on lack of prosecution.
Court Commentary
1972 Amendment. Substantially the same as Florida Rule of
Civil Procedure 1.420.
(a) Voluntary Dismissal; Effect Thereof.
(1) By Parties. Except in actions where property has
been seized or is in the custody of the court, an action may be
dismissed by the plaintiff without order of court (A) by the plaintiff
informing the defendant and clerk of the dismissal before the trial
date fixed in the notice to appear, or 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 parties who have appeared in the action. Unless
otherwise stated, the dismissal is without prejudice, except that a
dismissal operates as an adjudication on the merits when a plaintiff
has once dismissed in any court an action based on or including
the same claim.
(2) By Order of the Court; If Counterclaim. Except as
provided in subdivision (a)(1) of this rule, an action shall not be
dismissed at a party’s instance except upon order of the court and
on such terms and conditions as the court deems proper. If a
counterclaim has been made by the defendant before the plaintiff
dismisses voluntarily, the action shall not be dismissed against the
defendant’s objections unless the counterclaim can remain pending
for independent adjudication. Unless otherwise specified in the
order, a dismissal under this subdivision is without prejudice.
(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 upon the facts and the law the party
seeking affirmative relief has shown no right to relief without
waiving the right to offer evidence in the event the motion is not
granted. The court may then determine them and render judgment
against the party seeking affirmative relief or may decline to render
any judgment until the close of all the evidence. Unless the court in
its order for dismissal otherwise specifies, a dismissal under this
subdivision and any dismissal not provided for in this rule, other
than a dismissal for lack of jurisdiction or for improper venue or for
lack of an indispensable party, operates as an adjudication on the
merits.
(c) Dismissal of Counterclaim. The provisions of this rule
apply to the dismissal of any counterclaim.
(d) Costs. Costs in any action dismissed under this rule
shall be assessed and judgment for costs entered in that action. If a
party who has once dismissed a claim in any court of this state
commences an action based on or including the same claim against
the same adverse party, the court shall make such order for the
payment of costs of the claim previously dismissed as it may deem
proper and shall stay the proceedings in the action until the party
seeking affirmative relief has complied with the order.
(e) Failure to Prosecute. All actions in which it affirmatively
appears that no action has been taken by filing of pleadings, order
of court, or otherwise for a period of 6 months 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 30 days’ notice to the
parties, unless a stipulation staying the action has been filed with
the court, or a stay order has been filed, or a party shows good
cause in writing at least 5 days before the hearing on the motion
why the action should remain pending.
Committee Notes
1978 Amendment. Former subdivision (e) provided for 1 year
rather than 6 months.
1984 Amendment. Subdivision (e) is changed to allow more
time for an attorney to inquire about the status of a claim. Many
actions are disposed of by a stipulation to pay, and it may take
longer than 10 days to determine the amount due, if any.
1996 Amendment. Subdivision (e) is amended to be
consistent with Fla. R. Civ. P. 1.420(e), which includes specific
language concerning a stipulation staying the action approved by
the court or a stay order as a condition when an action would not
automatically be up for dismissal based on lack of prosecution.
Court Commentary
1972 Amendment. Substantially the same as Florida Rule of
Civil Procedure 1.420.