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CHEMROCK CORP. v. TAMPA ELEC. CO.

No. 1D08-4895.

23 So.3d 759 (2009)

CHEMROCK CORPORATION, Appellant, v. TAMPA ELECTRIC COMPANY, a Florida Corporation, d/b/a Teco Peoples Gas Company, Appellee.

District Court of Appeal of Florida, First District.

November 17, 2009.

Attorney(s) appearing for the Case

Jamie P. Yadgaroff, Bala Cynwyd, and Norwood S. Wilner of Wilner Block, Jacksonville, for Appellant.

Pedro F. Bajo, Jr., of Akerman Senterfitt, Tampa, and Sarah G. Maroon of Akerman Senterfitt, Jacksonville, for Appellee.

HAWKES, C.J.

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."1 In the filing, Chemrock admitted there had...

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