Supreme Court of Florida

Chemrock Corporation, Petitioner v. Tampa Electric Company

June 30, 201136 Fla. L. Weekly Supp. 318

Summary

Justice Pariente's concurrence agrees with the majority's interpretation of Florida's failure-to-prosecute rule and emphasizes that case management is a shared responsibility of courts and litigants. She reasons that dismissal should not be used when the parties intend to continue prosecuting the case, particularly where the trial court could instead set a trial date and use its case-management tools. Justice Quince, dissenting, would have upheld dismissal because Chemrock repeatedly failed to take action after receiving notice of the lack of record activity.