Cabrera v. Pazos

Chemrock appeals the dismissal of its lawsuit due to a lack of prosecution. Tampa Electric filed and served a notice of lack of prosecution on Chemrock under Florida Rule of Civil Procedure 1.420(e) (2008) following ten months of record inactivity. Chemrock responded within the sixty-day grace period created by the amended Rule by filing what it labeled a "motion in opposition." In the filing, Chemrock admitted there had been a ten-month period of inactivity, but attributed the delay to Tampa Electric. Sixteen months after Chemrocks filing, Tampa Electric moved to dismiss the action due to a lack of prosecution. At the pre-dismissal hearing, the trial court granted Tampa Electrics motion.