URIYAAL ABDULLAH MUSTAFA, F/K/A, CURTIS FAULK, PETITIONER,

v.

MICHAEL D. CREWS, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT

Citator

Cited By

• Bank OF Am., N.A. v. Ribaudo, 199 So. 3d 407 (Fla. 4th DCA 2016)
  …(reversing and remanding in part for failure to consider Kozel factors where issue was raised in timely motion for rehearing); Heritage Circle Condo. Ass’n v. State, Fla. Dep’t of Bus. & Prof'l Regulation, Div. of Condos., Timeshares & Mobile Homes, 121 So. 3d 1141, 1144 n. 1 (Fla. 4th DCA 2013) (concluding that the appellant had sufficiently preserved the Kozel issue where, despite the fact that there was never a hearing on appellee’s motion for default for failure to comply with discovery requests, appellant…
• Vista ST. Lucie Ass'n, Inc. v. Dellatore, 165 So. 3d 731 (Fla. 4th DCA 2015)
  …o. 2d 492, 500 (Fla.2004)). We have “consistently required the record to show an express consideration of the Kozel factors.” Heritage Circle Condo. Ass’n v. State, Fla. Dep’t of Bus. & Prof'l Regulation, Div. of Condos., Timeshares & Mobile Homes, 121 So. 3d 1141, 1143-44 (Fla. 4th DCA 2013); see, e.g., Bennett ex rel. Bennett, 67 So. 3d at 427; Alsina v. Gonzalez, 83 So. 3d 962, 964-65 (Fla. 4th DCA 2012). Here, the association correctly argues the trial court failed to consider the Ko-zel factors when it…
• PNC Bank, NA v. Isidro A. Duque and Teresa A. Thomas, 137 So. 3d 476 (Fla. 4th DCA 2014)
  …. Kozel, 629 So. 2d at 818. We have “consistently required the record to show an express consideration of the Kozel factors.” Heritage Circle Condo. Ass’n v. State, Fla. Dep’t of Bus. & Prof'l Regulation, Div. of Condos., Timeshares & Mobile Homes, 121 So. 3d 1141, 1144 (Fla. 4th DCA 2013). Even if a sanction is justified, the court must fashion a sanction that is proportion [*479] al to the infractions committed. See Ham, 891 So. 2d at 498. When a trial court dismisses a complaint with prejudice, it must fi…

Authorities Cited

• Bard v. Wolson, 687 So. 2d 254 (Fla. 1st DCA 1996)