Florida District Courts of Appeal, 2016

Griffith v. Ramzey's - corrected 3/7/16

Griffith v. Ramzey's - corrected 3/7/16
Florida District Courts of Appeal · Decided February 29, 2016 · Cohen, Lambert, Orfinger, Per Curiam
186 So. 3d 629 (Southern Reporter, Third Series)

Griffith v. Ramzey's - corrected 3/7/16

Opinion

PER CURIAM.

Colleen Griffith and her attorney, Patrick J. Deese, appeal the trial court’s order assessing attorney’s fees against them under Florida Rule of Civil Procedure 1.380(a)(4). We affirm.

Griffith, on Deese’s advice, refused to answer a deposition question, asserting that the question was irrelevant and an improper hypothetical. On appeal, Griffith and Deese claim that the trial court, improperly sanctioned them without making the findings required by Kozel v. Ostendorf, 629 So.2d 817 (Fla. 1993). We- disagree. Kozel applies when the trial court dismisses a case or claim, enters a default, or strikes pleadings as a sanction. It does not apply when expenses are assessed, as here, under rule 1.380(a)(4).

AFFIRMED.

ORFINGER, COHEN and LAMBERT, JJ., concur.

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