JPMorgan Chase Bank v. Sarmiento

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 thereafter filed a Motion to Amend Plaintiffs Name and Change Case Style, and the court issued an order finding good cause why the action should remain…