AURORA LOAN SERVICES, LLC, APPELLANT,
v.
MARIE RAMIREZ, ET AL., APPELLEES
AURORA LOAN SERVICES, LLC, APPELLANT,
MARIE RAMIREZ, ET AL., APPELLEES
120 So. 3d 1260
Florida District Court of Appeal, Third District (2013)
Positive Treatment
Cited by 1 case
Opinion of the Court
The award of $17,800 in attorney’s fees as a sanction for a discovery violation in this mortgage foreclosure case is reversed because the order does not contain the findings mandated by Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993), and the record does not support a conclusion that the discovery violation was a willful and deliberate one as required by law. See Commonwealth Fed. Sav. & Loan Ass’n v. Tubero, 569 So.2d 1271 (Fla.1990).1 Accordingly, the order is reversed and remanded with directions to vacate the award of attorney’s fees.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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U.S. Bank Nat'l Ass'n for CSF Heat 2006-6 v. Whyte, 150 So. 3d 1232 (Fla. 3d DCA 2014)…96 (Fla.2004). Here, the failure is neither an extreme circumstance nor conduct which rises to the level of willful, deliberate, contumacious behavior that would justify imposi [*1235] tion of such a sanction. See Aurora Loan Seros., LLC v. Ramirez, 120 So. 3d 1260, 1260 (Fla. 3d DCA 2013) (reversing sanction for a discovery violation in part because the record did not “support a conclusion that the discovery violation was a willful and deliberate one as required by law”). For this reason alone, we must revers…
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)