When a party who files a lawsuit unreasonably delays moving the lawsuit toward a resolution (delays prosecution of the case), it is presumed the case has been abandoned, and the court may dismiss the lawsuit for want of prosecution. Such a dismissal for want of prosecution is commonly referred to as a DWOP. A party may ask the court to dismiss a case for want of prosecution, or the judge may do so without a request from a party (sua sponte).
In Florida, if a party who has filed a lawsuit fails to take action to move the case toward resolution, it may be presumed that the case has been abandoned. This can lead to the court dismissing the lawsuit for 'want of prosecution,' often abbreviated as DWOP. Under Florida law, Rule 1.420(e) of the Florida Rules of Civil Procedure allows for dismissal of a case for lack of prosecution if there is no record activity by filing with the clerk of the court for a period of 10 months. If, after proper notice, no such activity has occurred and no stay has been issued or approved by the court, the court must dismiss the case unless a party shows good cause why the case should remain pending. A dismissal for want of prosecution can be initiated by a party's motion or by the court acting on its own accord (sua sponte).