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NALLEY v. ROTSTEIN

No. 5D11-3940.

109 So.3d 894 (2013)

Ronald NALLEY, Appellant, v. Jonathan I. ROTSTEIN, Esq, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

March 28, 2013.

Attorney(s) appearing for the Case

James P. Kelaher of Kelaher Law Offices, P.A., Orlando, for Appellant.

William H. Rogner of Hurley, Rogner, Miller, Cox, Waranch & Westcott, P.A., Winter Park, for Appellee.

PER CURIAM.

We reverse the lower court's order dismissing the suit for lack of prosecution. The filing of the motion to amend the complaint and the proposed amended complaint within the sixty-day grace period was sufficient to avoid dismissal. Chemrock Corp. v. Tampa Elec. Co., 71 So.3d 786 (Fla.2011). The trial court erred by striking the motion and proposed amendment as a sham. Yunger v. Oliver,

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