DEUTSCHE BANK NATIONAL TRUST CO. v. SELA

No. 4D11-3093.

110 So.3d 537 (2013)

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of MSAC 2007-HE6, Appellant, v. Metal SELA, Appellee.

District Court of Appeal of Florida, Fourth District.

April 10, 2013.


Attorney(s) appearing for the Case

Michael K. Winston and Dean A. Morande of Carlton Fields, P.A., West Palm Beach, for appellant.

Charles L. Neustein of Neustein Law Group, P.A., Miami Beach, for appellee.


HANZMAN, MICHAEL, Associate Judge.

Appellant, Deutsche Bank National Trust Co., as Trustee of MSAC 2007-HE6, (Bank), seeks reversal of the trial court's order striking its pleadings and dismissing the case as a sanction for discovery violations. The Bank asserts that the trial court abused its discretion by failing to make express factual findings demonstrating that such a severe sanction was warranted, as required by Kozel v. Ostendorf, 629...

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