ERIK SANDERSON, TECHNOMARINE CONSTRUCTION, INC. AND TECHNOMARINE GROUP, INC.
v.
CHRISTOPHER KARCH
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A party waives appellate review of trial court errors regarding witness striking and discovery sanctions dismissal when the party fails to raise those issues at the hearing or by timely motion for rehearing or reconsideration.
[1] A party waives appellate review of a trial court's erroneous striking of a witness or dismissal of a complaint as discovery sanctions when the party fails to raise object…
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Join FLexlaw to unlock all legal intelligence“the court's 'clear errors' in failing to consider relevant factors before striking a witness and failing to consider the Kozel factors before dismissing a complaint as discovery sanctions could not be reviewed on appeal in light of sanctioned party's failure to 'raise either of these issues at the hearing on the motion to dismiss or by subsequently filing a motion for rehearing or reconsideration'”
Court's holding from Bank of Am., N.A. v. Ribaudo regarding waiver of appellate review
The trial court struck a witness and dismissed a complaint as discovery sanctions in a dispute involving appellants Erik Sanderson, Technomarine Const…
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PER CURIAM. Affirmed. See Bank of Am., N.A. v. Ribaudo, 199 So. 3d 407, 409 (Fla. 4th DCA 2016) (holding that the court’s “clear errors” in failing to consider relevant factors before striking a witness and failing to consider the Kozel factors before dismissing a complaint as discovery sanctions could not be reviewed on appeal in light of sanctioned party’s failure to “raise either of these issues at the hearing on the motion to dismiss or by subsequently filing a motion for rehearing or reconsideration”). GROSS, DAMOORGIAN and CIKLIN, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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Authorities Cited
- Bank OF Am., N.A. v. Ribaudo, 199 So. 3d 407 (Fla. 4th DCA 2016)