Florida District Courts of Appeal, 2016

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

Florida District Courts of Appeal · Decided March 9, 2016 · Ciklin, Gerber, Levine, Per Curiam

186 So. 3d 1118; 2016 Fla. App. LEXIS 3633; 2016 WL 903600 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

PATRICIA WALDECK v. MICHELLE L. MACDOUGALL, DVM (Fla. Dist. Ct. App. 2020)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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