Energy Smart Industry, LLC v. Millennium Condominium Association, Inc.
The trial court dismissed a 2012 action with prejudice for lack of prosecution under rule 1.420(e) and simultaneously struck, as sham pleadings under rule 1.150, the stipulation for substitution of counsel filed during the 60-day grace period and the second amended complaint. The Third DCA reversed, holding the stipulation for substitution of counsel was record activity under Chemrock's bright-line rule, and that the trial court could not evade that rule by striking the filing as a sham—particularly with no pending rule 1.150 motion and no notice, which violated due process.
Key facts
- Energy Smart Industry, LLC sued Millennium Condominium Association, Inc., and the case remained pending for approximately 12 years with minimal activity.
- The trial court dismissed the action with prejudice for lack of prosecution under rule 1.420(e) and simultaneously struck a stipulation for substitution of counsel and second amended complaint as sham pleadings under rule 1.150.
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Why it matters
This decision gives practitioners a clean vehicle for defeating lack-of-prosecution dismissals: any docket filing in the grace period—even a mere substitution of counsel or change of address—suffices, and trial courts… — full analysis with a trial
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