Chemrock v. Tampa Electric Co. – Fla. Sup. Ct. Resolves Conflict

The Florida Supreme Court has resolved the split between the District Court of Appeals over what action is required to keep a matter from being dismissed from prosecution after the Rule 1.420(e) threshold of ten months of inactivity.  The Court found that “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.”  The Court rejected the position adopted by the First DCA that only an “attempt to move the case toward conclusion on the merits” constituted record activity sufficient to avoid dismissal for lack of prosecution.

Chemrock v. Tampa Electric Co., Case No. SC09-2263 (Fla. June 30, 2011).