1. Home
  2. Browse Decisions
  3. So.3d
  4. 121 So.3d
  5. 121 So.3d 1141 (2013)
 

HERITAGE CIRCLE v. FLA. DEPT. OF BUSINESS

No. 4D12-1733.

121 So.3d 1141 (2013)

HERITAGE CIRCLE CONDOMINIUM ASSOCIATION, INC., Appellant, v. STATE of Florida, FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF CONDOMINIUMS, TIMESHARES AND MOBILE HOMES, Appellee.

District Court of Appeal of Florida, Fourth District.

September 18, 2013.

Attorney(s) appearing for the Case

Il Young Choi of Choi & Menezes, LLP, Miami, for appellant.

J. Layne Smith and Garnett W. Chisenhall, Tallahassee, for appellee.

WARNER, J.

The trial court granted a default judgment against appellant as a sanction for discovery violations without holding a hearing and without consideration of the factors in Kozel v. Ostendorf, 629 So.2d 817, 818 (Fla.1993), for determining whether the ultimate sanction of dismissal was warranted. Because of the failure to consider the Kozel factors, we reverse.

The underlying proceeding arose out of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases