District Court of Appeal of Florida March 28, 2013, No. 5D11-3940 (Nalley v. Rotstein)

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.