Deutsche Bank National Trust Co. v. Parada
Deutsche Bank National Trust Co. v. Parada
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
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.