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Serving Flagler, Putnam, St. Johns, and Volusia Counties



Re: Consent to Dismissal and Closure for Lack of Prosecution in Eviction Cases Seeking Possession Only

Ref: CV-2015-013-SC

WHEREAS, pursuant to Rule 2.545, Florida Rules of Judicial Administration, ligation should be concluded as soon as reasonably and justly possible to do so, and

WHEREAS, Rule 1.420(e), Florida Rules of Civil Procedure, provides for the dismissal of actions for failure to prosecute where no record activity has taken place in 10 months, and

WHEREAS, eviction cases in which plaintiffs (landlords) are only seeking possession of subject premises, unlike other County Civil cases, are often resolved within thirty (30) days of filing, and

WHEREAS, in many instances the issue of possession in eviction cases is resolved by defendants (tenants) vacating premises upon service of process, and

WHEREAS, time and resources could be saved if, at the time of filing, plaintiffs (landlords) were afforded an opportunity to voluntarily agree to dismiss/close their case after a certain period of inactivity;

NOW THEREFORE, I, TERENCE R. PERKINS, Chief Judge of the Seventh Judicial Circuit, hereby order that effective May 1, 2015, the Clerks of Court in Flagler, Putnam, St. Johns and Volusia counties (Clerks) shall include a Consent to Case Closure after 90 days of Inactivity form (PDF)(attached and incorporated herein as Exhibit A) in the eviction forms package and as the Clerks otherwise deem appropriate.

Upon receipt of a completed Consent to Case Closure after 90 days of Inactivity form from a plaintiff (landlord), Clerks are to notify the assigned judge after 90 days of inactivity have elapsed, whereupon the judge may consider entering an order of dismissal/case closure similar to the attached Order of Dismissal and Closure of Case (PDF) (attached and incorporated herein as Exhibit B).

TO BE RECORDED in Flagler, Putnam, St. Johns and Volusia counties.

DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 2nd day of April 2015.

/s/ Terence R. Perkins
Chief Judge

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Serving Flagler, Putnam, St. Johns and Volusia Counties