Tarken v. Department of Transportation

In Tarken v. Department of Transportation, 629 So. 2d 258 (Fla. 3d DCA 1993), the defendant obtained an order staying the second-filed personal injury case until such time as the plaintiff paid an outstanding cost judgment from the first voluntarily dismissed case. "After the stay was entered and after more than a year elapsed without record activity, the defendant moved to dismiss the case. The third district affirmed the trial court's dismissal for lack of prosecution. The court noted the important policy consideration underlying Rule 1.420(e) for prompt resolution of litigation and expressed concern about permitting the plaintiff to extend the one-year period "when the progress of her case was completely within her own control." Id. at 259. In Tarken the defendant obtained a cost judgment, which remained unpaid at the time the trial court stayed and ultimately dismissed the plaintiff's suit.