Samuel Butler v. Innovative Marketing And Distribution, Inc., d/b/a Engel USA

District Court of Appeal of Florida

Samuel Butler v. Innovative Marketing And Distribution, Inc., d/b/a Engel USA

186 So. 3d 1118, 2016 Fla. App. LEXIS 3633, 2016 WL 903600

District Court of Appeal of Florida·Decided March 9, 2016·No. 4D15-2125·Published·Cited by 1 cases

Opinion

PER CURIAM.

This is an appeal from, a final order dismissing plaintiffs action for lack of prosecution. Because the record reflects that the plaintiff filed a notice of hearing within the 60-day grace period following the trial court’s notice of lack of prosecution, the dismissal was error and must be reversed. See Fla. R. Civ. P. 1.420(e), Chemrock Corp. v. Tampa Elec. Co., 71 So.3d 786, 791 (Fla.2011) (“any filing of record during the applicable time frame is sufficient to preclude dismissal-without regard to a finding that the filing is intended to affirmatively move the case toward resolution on the merits”).

Reversed and remanded,

CIKLIN, C.J., GERBER and LEVINE, JJ., concur.

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PER CURIAM.

This is an appeal from, a final order dismissing plaintiffs action for lack of prosecution. Because the record reflects that the plaintiff filed a notice of hearing within the 60-day grace period following the trial court’s notice of lack of prosecution, the dismissal was error and must be reversed. See Fla. R. Civ. P. 1.420(e), Chemrock Corp. v. Tampa Elec. Co., 71 So.3d 786, 791 (Fla.2011) (“any filing of record during the applicable time frame is sufficient to preclude dismissal-without regard to a finding that the filing is intended to affirmatively move the case toward resolution on the merits”).

Reversed and remanded,

CIKLIN, C.J., GERBER and LEVINE, JJ., concur.

Samuel Butler v. Innovative Marketing And Distribution, Inc., d/b/a Engel USA, 186 So. 3d 1118, 2016 Fla. App. LEXIS 3633, 2016 WL 903600 (Fla. Ct. App. 2016).

Pincite

186 So. 3d 1118 (Samuel Butler v. Innovative Marketing And Distribution, Inc., d/b/a Engel USA) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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