Deutsche Bank National Trust Co. v. Parada

District Court of Appeal of Florida

Deutsche Bank National Trust Co. v. Parada

139 So. 3d 406, 2014 WL 2116596, 2014 Fla. App. LEXIS 7713

District Court of Appeal of Florida·Decided May 21, 2014·No. No. 3D13-643·Published·Cited by 1 cases

Opinion

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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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.

Deutsche Bank National Trust Co. v. Parada, 139 So. 3d 406, 2014 WL 2116596, 2014 Fla. App. LEXIS 7713 (Fla. Ct. App. 2014).

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Opinion

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