LASHAWN D. BROWN, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (11 total)

• Bennett v. Tenet ST. Mary's, Inc., 67 So. 3d 422 (Fla. 4th DCA 2011)
  …quoting Commonwealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So. 2d 1271 (Fla.1990)). Where counsel is “involved in the conduct to be sanctioned, a Kozel analysis is required before dismissal is used as a sanction.” Pixton v. Williams Scotsman, Inc., 924 So. 2d 37, 40 (Fla. 5th DCA 2006). Pursuant to Kozel, the trial court must consider the following: “1) whether the attorney’s disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience; 2) whether the attorney has be…
• Roberts v. Stidham, 19 So. 3d 1155 (Fla. 5th DCA 2009)
  …ication on the merits under rule 1.420(a)(1). When a plaintiff shows good cause for failure to serve process within 120 days, the trial court must extend the time for service and has no discretion to do otherwise. Pixton v. Williams Scotsman, Inc., 924 So. 2d 37, 39 (Fla. 5th DCA 2006). The trial court has broad discretion to extend the time for service even when good cause for failing to meet the 120-day deadline has not been shown. Bacchi v. Manna of Hernando, Inc., 743 So. 2d 34, 34 (Fla. 5th DCA 1999).…
• Scallan v. Marriott Int'l, Inc., 995 So. 2d 1066 (Fla. 5th DCA 2008)
  …Ms. Scal-laris failure to comply with the court order. Before dismissing a complaint based on the failure to follow a court order, the trial court must consider the factors set forth in Kozel, 629 So. 2d 817. See Pixton v. Williams Scotsman, Inc., 924 So. 2d 37, 39 (Fla. 5th DCA 2006). The Kozel court stated: To assist the trial court in determining whether dismissal with prejudice is warranted, we have adopted the following set of factors ...: 1) whether the attorney’s disobedience was willful, deliberat…