FLORIDA WILDLIFE FEDERATION, INC., APPELLANT,

v.

DEPARTMENT OF ENVIRONMENTAL PROTECTION, APPELLEE

Citator

Cited By

• BAC Home Loans Servicing L.P. v. Parrish, 146 So. 3d 526 (Fla. 1st DCA 2014)
  …Second, the trial court’s order did not apply the requisite standards set forth in Kozel v. Ostendorf, 629 So. 2d 817 (Fla.1993), for determining whether dismissal as a sanction was appropriate. See, e.g., BAC Home Loans Servicing, L.P. v. Ellison, 141 So. 3d 1290 (Fla. 1st DCA 2014) (citing Ham v. Dunmire, 891 So. 2d 492, 500 (Fla.2004); Fla. Nat’l Org. for Women, Inc. v. State, 832 So. 2d 911, 914 (Fla. 1st DCA 2002); Crews v. Shadbume, 637 So. 2d 979, 981 (Fla. 1st DCA 1994); Gaines v. Placilla, 634 So. 2d…
• Gmac Mortg., LLC v. Whiddon, 164 So. 3d 97 (Fla. 1st DCA 2015)
  …e has consciously determined that the failure was more than a mistake, neglect, or inadvertence, and to assist the reviewing court to the extent the record is susceptible to more than one interpretation.”); BAC Home Loans Servicing, L.P. v. Ellison, 141 So. 3d 1290, 1291 (Fla. 1st DCA 2014) (quoting Ham) (“[FJailure to consider the Kozel factors in determining whether dismissal was appropriate is, by itself, a basis for remand for application of the correct standard.”); Smith v. City of Panama City, 951 So. 2d…
• The Bank OF NEW York Mellon fka The Bank of N.Y. for the Certificate Holders Cwabs Inc. v. Depiero, 178 So. 3d 552 (Fla. 1st DCA 2015)
  …to state that Appellant received notice of the trial and failed to appear. Failure to apply the Kozel factors constitutes reversible error and requires remand for application. of thq . correct standard. See BAC Home Loans Servicing, L.P. v. Ellison, 141 So. 3d 1290, 1291 (Fla. 1st DCA 2014). The Court has explained that “[e]x-press findings are required to ensure that the trial judge has consciously determined that the failure was more than a mistake, neglect, or inadvertence, and to assist the reviewing court…

Authorities Cited

• Benton v. Moore, 655 So. 2d 1272 (Fla. 1st DCA 1995)