Wednesday, April 10, 2013

Order Striking Pleadings Requires Express Factual Findings

In a short opinion, the Fourth District reversed an order striking pleadings for failure to make express factual findings. The opinion stated:
[Appellant] 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 So. 2d 817 (Fla. 1993).  We agree and reverse.
The opinion, Deutsche Bank v. Sela (4D11-3093), can be viewed HERE.


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