JPMORGAN CHASE BANK v. SARMIENTO

No. 3D12-2766.

118 So.3d 316 (2013)

JPMORGAN CHASE BANK, etc., Appellant, v. Ivelisys SARMIENTO, et. al., Appellees.

District Court of Appeal of Florida, Third District.

July 31, 2013.


Attorney(s) appearing for the Case

Shapiro, Fishman & Gaché, LLP, Ileen J. Cantor and Ronald M. Gaché , Boca Raton, for appellant.

Ivelisys Sarmiento, in proper person; Alberto N. Moris for appellee, Kendall Lake Towers Condominium Association, Inc.

Before WELLS, SUAREZ and FERNANDEZ, JJ.


FERNANDEZ, J.

JPMorgan Chase Bank, etc., appeals the trial court's order of dismissal for failure to prosecute. We reverse and remand for further proceedings because record activity occurred within sixty days of when Chase received notice of failure to prosecute.

In October of 2009, Chase filed the underlying mortgage foreclosure suit. By May of 2010, the case had stalled, and on June 1, 2011, the trial court sent Chase notice of failure to prosecute. Chase...

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