Myers v. Highway 46 Holdings, L.L.C.

This case is here for the second time on this issue. The trial court originally dismissed with prejudice the appellants’ Second Amended Counterclaims and Cross-claims for violating Florida Rule of Civil Procedure 1.110(b) by being unnecessarily long and confusing. In Myers v. Highway 46 Holdings, LLC, 65 So.3d 58 (Fla. 5th DCA 2011), we remanded the case back to the trial court for a Kozel1 hearing to determine if the dismissal with prejudice was proper. On remand, the trial court found that the Kozel factors had been met and therefore dismissal was proper.

In this appeal, the appellants…