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BANK OF NEW YORK MELLON v. CLARK

No. 1D15-2250.

183 So.3d 1271 (2016)

BANK OF NEW YORK MELLON, Appellant, v. Timothy M. CLARK; Sanctuary At Redfish Condominium Association, Inc; Exquisite Builders, LLC; Beach Community Bank; Unknown Occupant # 1; Unknown Occupant # 2; Unknown Spouse of Timothy M. Clark, Appellees.

District Court of Appeal of Florida, First District.

February 2, 2016.

Attorney(s) appearing for the Case

David W. Rodstein of Padula Hodkin, PLLC, Boca Raton, for Appellant.

John Cottle of Becker & Poliakoff, P.A., Fort Walton Beach, for Appellee, Sanctuary at Redfish Condominium Association, Inc.

Appellant argues the trial court abused its discretion when it dismissed appellant's foreclosure claim with prejudice as a sanction for counsel's discovery violations without making explicit written findings pursuant to Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993). We agree and reverse and remand for...

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