YACHTBRASIL MOTOR BOATS & CHARTERS, LLC, ET AL., APPELLANTS,
v.
JOHN GLUCK, APPELLEE

Fla. 3d DCA | 2014-06-04
Nos. 3D14-271, 3D13-1733
Before SUAREZ, SALTER, and SCALES, JJ.
139 So. 3d 490 Florida District Court of Appeal, Third District (2014) Positive Treatment
Cited by 7 cases

Opinion of the Court
SUAREZ, J.

SUAREZ, J.

YachtBrasil Motor Boats & Charters LLC, and Aderbal Coelho, Junior appeal the trial court’s Order Granting Sanctions dated June 5, 2013 striking YachtBrasil’s answers and affirmative defenses and dismissing YachtBrasil’s counterclaim with prejudice. Although these are severe sanctions, we find the trial court did not abuse its discretion and find that each of the elements of Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993) is supported by the evidence.

Affirmed.


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  • Issac G. Sanchez v. State, 210 So. 3d 252 (Fla. 2d DCA 2017)
    …, 164 So. 3d 119, 120 (Fla. 2d DCA 2015) (“[A]n allegation that trial counsel provided ineffective assistance by failing to file a motion to suppress is a legally sufficient claim, which is not waived by entry of a plea.” (quoting Campbell v. State, 139 So. 3d 490, 497 (Fla. 2d DCA 2014))). Moreover, Mr. Sanchez alleged facially sufficient claims for relief based upon counsel’s alleged failure to advise him of grounds for suppressing the contraband, thereby causing him to involuntarily enter into his plea. Se…
  • Coursey v. State, 164 So. 3d 119 (Fla. 2d DCA 2015)
    …ved by the plea agreement as proscribed by Stano v. State, 520 So. 2d 278 (Fla.1988), Gidney v. State, 925 So. 2d 1076 (Fla. 4th DCA 2006), and Dean v. State, 580 So. 2d 808 (Fla. 3d DCA 1991). However, as noted by this court in Campbell v. State, 139 So. 3d 490, 497 (Fla. 2d DCA 2014), “[a]n allegation that trial counsel provided ineffective assistance by failing to file a motion to suppress is a legally sufficient claim, which is not waived by entry of a plea.” (quoting Spencer v. State, 889 So. 2d 868, 8…
  • Rohan McDONALD v. State, 174 So. 3d 1068 (Fla. 4th DCA 2015)
    …ees this case must be remanded because the postconviction court could not rely on the plea form alone, which did not establish that the trial court conducted a proper plea colloquy and determined that McDonald understood the form. Campbell v. State, 139 So. 3d 490, 494 (Fla. 2d DCA 2014); see also Townsend v. State, 927 So. 2d 1064, 1066 (Fla. 4th DCA 2006). If the postconviction court denies the motion again on remand, it must attach portions of the record that refute this ground or conduct an evidentiary h…

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