HECTOR SANCHEZ, SR., APPELLANT,

v.

BRINK'S INCORPORATED, ETC., ET AL., APPELLEES

Citator

Cited By

• Bennett v. Tenet ST. Mary's, Inc., 67 So. 3d 422 (Fla. 4th DCA 2011)
  …miss a cause as a sanction, it must first consider the six factors delineated in Kozel v. Ostendorf, 629 So. 2d 817 (Fla.1993), and set forth explicit findings of fact in the order that imposes the sanction of dismissal. Buroz-Henriquez v. De Buroz, 19 So. 3d 1140, 1141 (Fla. 3d DCA 2009) (citing Alvarado v. Snow White & The Seven Dwarfs, Inc., 8 So. 3d 388 (Fla. 3d DCA 2009)). The Florida Supreme Court explained that “[t]he dismissal of an action based on the violation of a discovery order will constitute an…
• Deutsche Bank Nat'l Tr. Co. v. Aisa Cagigas, 85 So. 3d 1181 (Fla. 3d DCA 2012)
  …undue expense, loss of evidence, or in some other fashion; 5) whether the attorney offered reasonable justification for noncompliance; and 6) whether the delay created significant problems of judicial administration. Buroz-Henriquez v. De Buroz, 19 So. 3d 1140, 1141 (Fla. 3d DCA 2009); accord Ham v. Dunmire, 891 So. 2d 492, 496 (Fla. 2004); see Arkiteknic, Inc. v. United Glass Laminating, Inc., 53 So. 3d 366, 367 (Fla. 3d DCA 2011); Alvarado v. Snow White & the Seven Dwarfs, Inc., 8 So. 3d 388 (Fla. 3d DC…
• Motors v. Miami Medley Bus. & Indus., LLC., 116 So. 3d 503 (Fla. 3d DCA 2013)
  …hich can be imposed upon a defendant. It prohibits the defendant from defending the merits of the claim, leaving only the determination of damages. We previously have held that Kozel applies under these circumstances. See Buroz-Henriquez v. De Burn, 19 So. 3d 1140, 1141 (Fla. 3d DCA 2009) (holding “[i]t is well established that before a court may dismiss a cause or default a party as a sanction, it must first consider each of the [Kozel factors] ... and set forth explicit findings of fact in the order imposin…

Authorities Cited

• Blackwell v. Fla. Dep't OF Corr., 978 So. 2d 817 (Fla. 1st DCA 2008)