DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., APPELLANT,
v.
JOSE H. PARADA, ETC., ET AL., APPELLEES

Fla. 3d DCA | 2014-05-21
No. 3D13-643
Before SHEPHERD, C.J., and ROTHENBERG and EMAS, JJ.
139 So. 3d 406 Florida District Court of Appeal, Third District (2014) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Deutsche Bank National Trust Company appeals the dismissal of this foreclosure action as a sanction for discovery violations. We reverse and remand for further proceedings because the trial court failed to make the express factual findings required under Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993). While this may not be a Kozel case, the factors of willfulness, responsibility and prejudice apply, and whether a lesser sanction might serve the purpose should be considered on remand.

Reversed and remanded for further proceedings.

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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)
    …appears to be a viable alternative, the trial court should employ such an alternative. Failure to address the Kozel factors when sanctioning a party for the misconduct of its attorney mandates reversal. See Deutsche Bank Nat’l Trust Co. v. Parada, 139 So. 3d 406, 406 (Fla. 3d DCA 2014) (finding the trial court erred in dismissing a foreclosure action as a sanction for discovery violations “because the trial court failed to make the express factual findings required under Kozel” and because “the factors of w…

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