Optimum Nutrition, Inc. v. Performance Trading Imp. Exp & Com. Ltd.

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 for conducting record activity after service of the notice of lack of prosecution, expired on October 4, 2010; therefore, dismissal for lack of…