Welcome and thank you for your question. It means that the court was considering dismissing the case for lack of activity. Was there a hearing date scheduled with the FWOP? If no from either side showed up the case was probably not dismissed.
What date was the foreclosure filed in court?
Foreclosure was filed Jan 2009
FWOP notice Aug 2010
FWOP was dismissed ( I attended and judge denied bank attorney's letter of good cause)
Haven't seen/heard anything since.
I am missing a plugin to actually open the page and read it but I don't remember reading any statement like that.
Unfortunately, I cannot see the image.
The case was filed within the statute of limitations period and could be refiled if it was dismissed without prejudice.
If the case was dismissed without prejudice the case can be refiled by the lender. If it was with prejudice the case cannot be refiled.
Here is what it says:
In the Circuit Court of the 11th Judicial Circuit in and for Miami Dade, County, Florida
General Jurisdiction Division
Case No 09-774-CA-01
Bank of NY (TR) Plaintiff(s)
Simon, Steve Defendant(s)
Section No. 13
Motion, Notice and Judgment of Dismissal
ORDER ON MOTION TO DISMISS FOR LACK OF PROSECTUTION
THIS CAUSE having come on to be heard and pursuant to Rule 1.420 of the Fla.R.Civ.P. and the Court being fully advised in the premises.
THE COURT FINDS that no party opposing the motion to dimiss (<was spelled wrong) for lack of prosecution having appeared as ordered and demonstrated the existence of the requisite record activity or that action had been stayed nor having timely filed a showing of good cause in writing, if required, and therefore, in the absence of evidence to the contrary, the Court finds that (1) noticed prescribed by Rule 1.420(e) was timely served; (2) there was no record activity during the 10 months immediately preceeding service of the foregoing notice; (3) there was no record activity during 60 days immediately following service of the foregoing notice; (4) no stay has been issued or approved by the Court; and (5) no party has shown good cause by why this action should remain pending;
THEREFORE, IT IS ORDERD that this action is dismissed for lack of prosecution.
DONE and ORDERED in Chambers at Miami-Dade County, Florida this 22 Day of Oct 2010.
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