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

CourtDistrict Court of Appeal of Florida

DecidedMay 21, 2014

DocketNo. 3D13-643

StatusPublished

Cited by1 cases

This text of 139 So. 3d 406 (Deutsche Bank National Trust Co. v. Parada) 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

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

Pincite

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

139 So. 3d 406, 2014 WL 2116596, 2014 Fla. App. LEXIS 7713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deutsche-bank-national-trust-co-v-parada-fladistctapp-2014.

Opinion

Related

Cite This Page — Counsel Stack