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

186 So. 3d 629

• Court: District Court of Appeal of Florida
• Decided: February 29, 2016
• Docket: 5D15-486
• Status: Published

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.