UNITED STATES ASSOCIATION OF CDC, INC., ET AL.
v.
WC WH, LLC, ET AL.
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Dismissal with prejudice is an appropriate sanction for willful disregard of court orders when the trial court includes in its written order findings of fact with respect to each Kozel factor and individualized findings regarding the conduct of sanctioned individuals.
[1] A trial court may impose dismissal with prejudice as a sanction for willful disregard of court orders without conducting an evidentiary hearing if the written order inclu…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“While no 'magic words' are required, the trial court must make a finding that the conduct upon which the order is based was equivalent to willfulness or deliberate disregard.”
Ham v. Dunmire, 891 So. 2d 492, 496 (Fla. 2004), cited for the standard required for dismissal sanctions
The United States Association of CDC, Inc. and others appealed a trial court's dismissal with prejudice order against them in a Miami-Dade County case…
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Third District Court of Appeal State of Florida
Opinion filed January 7, 2026. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1329 Lower Tribunal No. 16-20808-CA-01 ________________
United States Association of CDC, Inc., et al., Appellants,
vs.
WC WH, LLC, et al., Appellees.
An Appeal from the Circuit Court for Miami-Dade County, David Craig Miller, Judge.
Reiner & Reiner, P.A., and David P. Reiner II, for appellants.
Perez Mayoral, P.A., and Julie K. Talbot Mayoral and Michael Mayoral, for appellee WC WH, LLC; Paul J. Lane, P.A., and Paul J. Lane (Port St. Lucie) for appellee Paul J. Lane.
Before FERNANDEZ, LOGUE and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See Kozel v. Ostendorf, 629 So. 2d 817, 818 (Fla. 1993) (describing factors to be considered in evaluating whether dismissal with prejudice is warranted as a sanction for willful disregard of court orders); Ham v. Dunmire, 891 So. 2d 492, 496 (Fla. 2004) (“While no ‘magic words’ are required, the trial court must make a finding that the conduct upon which the order is based was equivalent to willfulness or deliberate disregard.” (quotation omitted)); Deutsche Bank Nat’l Tr. Co. v. Sombrero Beach Rd., LLC, 260 So. 3d 424, 428–29 (Fla. 3d DCA 2018) (noting that evidentiary hearing is “generally” required in order for trial court to make express findings of fact concerning all Kozel factors, but that order finding dismissal appropriate under Kozel will be upheld where trial court “include[s] in its written order findings of fact with respect to each Kozel factor, and also individualized findings with regards to the conduct of those individuals the lower court intends to sanction”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Carolann D. Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993)
- HAM v. Dunmire, 891 So. 2d 492 (Fla. 2004)
- Deutsche Bank v. Sombrero Beach Road, 260 So. 3d 424 (Fla. 3d DCA 2018)