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OPTIMUM NUTRITION, INC. v. PERFORMANCE TRADING IMP. EXP & COM. LTD.

No. 3D10-3087.

69 So.3d 1058 (2011)

OPTIMUM NUTRITION, INC., Appellant, v. PERFORMANCE TRADING IMP. EXP & COM. LTD., Appellee.

District Court of Appeal of Florida, Third District.

September 21, 2011.

Attorney(s) appearing for the Case

Isicoff, Ragatz & Koenigsberg and Eric D. Isicoff , Teresa Ragatz , Miami, and Carolina A. Latour , for appellant.

Mario R. Delgado , for appellee.

Before SUAREZ, CORTIÑAS and ROTHENBERG, JJ.

SUAREZ, J.

Optimum Nutrition, Inc. ("Optimum"), appeals the trial court's dismissal of its complaint for failure to prosecute under Florida Rule of Civil Procedure 1.420(e). We reverse.

On July 29, 2010, the trial court issued a notice of lack of prosecution. On September 28, 2010, Optimum filed and served a motion for summary judgment. Optimum claims on appeal that the sixty-day period provided under Florida Rule of Civil Procedure Rule 1.420(e), which allows...

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