RONALD NALLEY, APPELLANT,
v.
JONATHAN I. ROTSTEIN, ESQ, ET AL., APPELLEE
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We reverse the lower court’s order dismissing the suit for lack of prosecution. The filing of the motion to amend the complaint and the proposed amended complaint within the sixty-day grace period was sufficient to avoid dismissal. Chemrock Corp. v. Tampa Elec. Co., 71 So.3d 786 (Fla.2011). The trial court erred by striking the motion and proposed amendment as a sham. Yunger v. Oliver, 803 So.2d 884, 886 (Fla. 5th DCA 2002) (citing Destiny Constr. Co. v. Martin K Eby Constr., 662 So.2d 388, 390 (Fla. 5th DCA 1995)); see also Furst v. Blackman, 819 So.2d 222, 225 (Fla. 4th DCA 2002) (“A sham pleading is one which is ‘undoubtedly false’ and known to be so to the party preparing it.” (quoting Menke v. Southland Specialties Corp., 637 So.2d 285, 286 (Fla. 2d DCA 1994))).
REVERSED AND REMANDED.
TORPY, EVANDER and JACOBUS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jpmorgan Chase Bank v. Ivelisys Sarmiento, 118 So. 3d 316 (Fla. 3d DCA 2013)…flects that Chase timely filed multiple filings with the trial court after it received the June 14, 2012, notice for failure to prosecute.1 Such record activity is sufficient to preclude dismissal. See Chemrock, 71 So. 3d at 792; Nalley v. Rotstein, 109 So. 3d 894 (Fla. 5th DCA 2013); Miami-Dade Cnty. v. Walker, 948 So. 2d 68 (Fla. 3d DCA 2007). Therefore, the dismissal order is reversed and remanded for further proceedings. Reversed and remanded for further proceedings. . When the trial court dismissed the…
Authorities Cited
- Chemrock Corp. v. Tampa Elec. Co., 71 So. 3d 786 (Fla. 2011)
- Destiny Constr. Co. v. Martin K. EBY Constr., 662 So. 2d 388 (Fla. 5th DCA 1995)
- Menke v. Southland Specialties Corp., 637 So. 2d 285 (Fla. 2d DCA 1994)
- Yunger v. Buenaventura Oliver, 803 So. 2d 884 (Fla. 5th DCA 2002)
- Furst v. Blackman, 819 So. 2d 222 (Fla. 4th DCA 2002)