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Aurora Loan Services, LLC v. Ramirez

120 So. 3d 1260, 2013 WL 4824246, 2013 Fla. App. LEXIS 14459
CourtDistrict Court of Appeal of Florida
DecidedSeptember 11, 2013
DocketNo. 3D12-2217
StatusPublished
Cited by1 cases

This text of 120 So. 3d 1260 (Aurora Loan Services, LLC v. Ramirez) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aurora Loan Services, LLC v. Ramirez, 120 So. 3d 1260, 2013 WL 4824246, 2013 Fla. App. LEXIS 14459 (Fla. Ct. App. 2013).

Opinion

SCHWARTZ, Senior Judge.

The award of $17,800 in attorney’s fees as a sanction for a discovery violation in this mortgage foreclosure case is reversed because the order does not contain the findings mandated by Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993), and the record does not support a conclusion that the discovery violation was a willful and deliberate one as required by law. See Commonwealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So.2d 1271 (Fla.1990).1 Accordingly, the order is reversed and remanded with directions to vacate the award of attorney’s fees.

Reversed and remanded.

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Related

U.S. Bank National Ass'n v. Whyte
150 So. 3d 1232 (District Court of Appeal of Florida, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
120 So. 3d 1260, 2013 WL 4824246, 2013 Fla. App. LEXIS 14459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aurora-loan-services-llc-v-ramirez-fladistctapp-2013.