TICO INSURANCE COMPANY, AN OHIO CORPORATION, INFINITY INSURANCE COMPANY, A FOREIGN CORPORATION, AND LEADER INSURANCE COMPANY, AN OHIO CORPORATION, APPELLANTS,
v.
LINDA SCHONNING, APPELLEE
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PER CURIAM.
TICO Insurance Company appeals from a final judgment entered against it, following the striking of its pleadings for discovery violations. Because the pleadings were struck in the absence of an evidentiary hearing, we reverse. See Kozel v. Ostendorf, 629 So. 2d 817, 818 (Fla.1993)(adopting six factors that must be considered before deciding case warrants imposition of severe sanctions). See also Bank One, N.A. v. Harrod, 873 So. 2d 519, 521 (Fla. 4th DCA 2004)(“Where, as here, there is no indication that the trial court considered [the Kozel ] factors, ... reversal has been required.”); Rose v. Clinton, 575 So. 2d 751, 752 (Fla. 3d DCA 1991)(“The trial court abused its discretion in imposing severe sanctions for non-compliance with discovery absent an order ‘finding that the conduct upon which the order is based was equivalent to willfulness or deliberate disregard [of the discovery orders].’ ” (footnote omitted)) (quoting Commonwealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So. 2d 1271, 1272 (Fla. 1990)).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Celebrity Cruises, Inc. v. Vicente J. Fernandes, 149 So. 3d 744 (Fla. 3d DCA 2014)…brity or its lawyers had violated any court orders by failing to engage in meaningful discovery. Nor did it make findings necessary to support its sanctions order.7 These failures also require rever-, [*753] sal here. See TICO Ins. Co. v. Schonning, 960 So. 2d 6, 6 (Fla. 3d DCA 2005) (“Because the pleadings were struck in the absence of an evidentiary hearing, we reverse.”); Bank One, N.A. v. Harrod, 873 So. 2d 519, 521 (Fla. 4th DCA 2004) (“Where, as here, there is no indication that the trial court consid…
Authorities Cited
- Carolann D. Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993)
- Commonwealth Fed. Sav. & Loan Ass'n v. Moshe Tubero, 569 So. 2d 1271 (Fla. 1990)
- Bank ONE, N.A. v. Harrod, 873 So. 2d 519 (Fla. 4th DCA 2004)
- Rose v. Clinton, 575 So. 2d 751 (Fla. 3d DCA 1991)