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DEUTSCHE BANK NAT. TRUST CO. v. CAGIGAS

No. 3D11-1744.

85 So.3d 1181 (2012)

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Indenture Trustee, for the Benefit of the Holder of Aames Mortgage Investment Trust 2005-4 Mortgage Backed Notes, Appellant, v. Aisa CAGIGAS, et al., Appellees.

District Court of Appeal of Florida, Third District.

April 18, 2012.

Attorney(s) appearing for the Case

Lapin & Leichtling and Adam B. Leichtling and Anne Janet De Ases , for appellant.

Daniel M. Keil , Miami, for appellees Aisa Cagigas and Amauri Izquierdo.

Before WELLS, C.J., and RAMIREZ and LAGOA, JJ.

CONFESSION OF ERROR

LAGOA, J.

Appellant Deutsche Bank National Trust Company appeals an order dismissing its complaint with prejudice as a sanction for misconduct. We agree with appellees' confession of error that the trial court's order must be reversed.

It is well settled that a court must first consider each of the following six factors delineated in Kozel v. Ostendorf, 629 So.2d 817, 818 (Fla...

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