The right way for judges to clear foreclosure cases

Posted on October 30th, 2010 by Mark Stopa

With so many judges pushing foreclosure cases towards judgment at alarming rates, it’s refreshing to see judges in Manatee and Sarasota clearing their dockets in a way that the law allows, via dismissals for lack of prosecution.  According to the Bradenton Herald, Judge Paul E. Logan dismissed 357 cases that remained idle for more than a year, as permitted by Rule 1.420(e).  Granted, dismissing 357 cases is like scooping a bucket of water out of the ocean, but it’s a start. 

Judges, the next time you want to clear your dockets, I respectfully suggest that you dismiss cases for lack of prosecution.  And if you feel like the rule is too rigid, i.e. a lot of cases aren’t being prosecuted but can’t be dismissed under the language of the rule, get on the phone with the Florida Supreme Court and suggest a rule amendment.  Rule 1.420(e) has been changed a handful of times over the years, and another amendment seems appropriate. 

Yesterday I suggested an amendment to Fla.R.Civ.P. 1.420(e), making it easier to dismiss foreclosure cases for lack of prosecution.

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