COPE C.J.
The underlying issue in this appeal is whether the plaintiff's filing of a nonmeritorious motion for default counts as record activity so as to defeat a motion to dismiss for failure to prosecute. We conclude that the answer is yes and reverse for further proceedings.
Diamond Drywall Systems Inc. ("Diamond") was a subcontractor on a construction project where Mashan Contractors, Inc. was the general contractor and Villas of Vizcaya, LLC was the owner...
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