Chemrock Corp. v. Tampa Elec. Co., etc.Annotate this Case
Petitioner, a company that processed perlite for horticultural and construction use, sued respondent alleging several counts for damages based on the claim that natural gas being supplied to petitioner was contaminated with debris that caused damage to petitioner's furnaces. Discovery and trial preparation were undertaken, during which time the parties engaged in numerous disagreements concerning discovery and other matters. Neither party filed a motion to have the case reset for trial and respondent subsequently filed a notice of lack of prosecution under Florida Rule of Civil Procedure 1.420(e), alleging that there had been no record activity for the prior ten months. At issue was the proper interpretation of rule 1.420(e), which provided for involuntary dismissal of court actions for lack of prosecution. The court held that the filing made by petitioner during the sixty-day grace period set forth in rule 1.420(e) met the rule's requirement for record activity and therefore, precluded dismissal for lack of prosecution. Accordingly, the court quashed the decision of the First District and approved the conflict cases certified by the First District.