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SEWELL MASONRY CO. v. DCC CONST., INC.

No. 5D03-28.

862 So.2d 893 (2003)

SEWELL MASONRY COMPANY, Appellant, v. DCC CONSTRUCTION, INC., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

December 19, 2003.

Attorney(s) appearing for the Case

Larry H. Colleton of Larry H. Colleton, P.A., Orlando, for Appellant.

Jim McCrae and Heather Pinder-Rodriguez of Holland & Knight LLP, Orlando, for Appellees DCC Construction, Inc., and American Home Assurance Company.

PLEUS, J.

Sewell Masonry Co. (Sewell) appeals from a final order of the trial court dismissing its action for lack of prosecution.

Sewell argues that the trial court abused its discretion in dismissing its cause alleging a construction lien, breach of contract and quantum meruit because there was, in fact, record activity during the one-year period specified in Florida Rule of Civil Procedure 1.420(e). DCC Constructors, Inc. (DCC), the defendant below,

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