Florida District Courts of Appeal, 2014

Deutsche Bank National Trust Co. v. Parada

Deutsche Bank National Trust Co. v. Parada
Florida District Courts of Appeal · Decided May 21, 2014 · Emas, Rothenberg, Shepherd
139 So. 3d 406; 2014 WL 2116596; 2014 Fla. App. LEXIS 7713 (Southern Reporter, Third Series)

Deutsche Bank National Trust Co. v. Parada

Opinion of the Court

PER CURIAM.

Deutsche Bank National Trust Company appeals the dismissal of this foreclosure action as a sanction for discovery violations. We reverse and remand for further proceedings because the trial court failed to make the express factual findings required under Kozel v. Ostendorf, 629 So.2d 817 (Fla. 1993). While this may not be a Kozel case, the factors of willfulness, responsibility and prejudice apply, and whether a lesser sanction might serve the purpose should be considered on remand.

Reversed and remanded for further proceedings.

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