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· 7/22/2015

Dorothy Chappelle, Calvin Johnson and Evelyn Williams v. South Florida Guardianship Program, Inc.

Citations

  • 169 So. 3d 291
  • 2015 Fla. App. LEXIS 11077
  • 2015 WL 4461097

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reversing trial court’s entry of judicial default as a sanction where trial court failed to consider Kozel factors or make explicit findings as to each factor before imposing the sanction
  • “We have consistently required the record to show an express consideration of the Kozel factors.” (quoting Vista St. Lucie Ass’n v. Dellatore, 165 So.3d 731, 735 (Fla. 4th DCA 2015))
  • trial court erred in entering judicial default as a sanction without first considering the six factors delineated in Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993), and making explicit findings as to each factor
  • “Before a court may dismiss a cause as a sanction, it must first consider the six factors delineated in Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993), and set forth explicit findings of fact in the order that imposes the sanction of dismissal.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Stevenson, Klingensmith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.