SAMUEL BUTLER, APPELLANT,
v.
INNOVATIVE MARKETING AND DISTRIBUTION, INC., D/B/A ENGEL USA, APPELLEE

Fla. 4th DCA | 2016-03-09
No. 4D15-2125
CIKLIN, C.J., GERBER and LEVINE, JJ., concur.
186 So. 3d 1118 Florida District Court of Appeal, Fourth District (2016) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

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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  • Waldeck v. Macdougall, 300 So. 3d 1218 (Fla. 4th DCA 2020)
    ….; see also Chemrock Corp. v. Tampa Elec. Co., 71 So. 3d 786, 792 (Fla. 2011) (establishing the bright-line rule that any timely record activity suffices to preclude dismissal or lack of prosecution); Butler v. Innovative Mktg. & Distrib., Inc., 186 So. 3d 1118 (Fla. 4th DCA 2016) (applying Chemrock and reversing dismissal for lack of prosecution where the record activity consisted of a notice of hearing filed within the sixty-day grace period). In Weston, 66 So. 3d at 375, this court suggested in d…

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