Legal Opinion

Michalak v. Ryder Truck Rental, Inc.

District Court of Appeal of Florida

Decided March 29, 2006No. 4D04-2202PublishedCited by 2 opinions

1Opinion of the CourtShahood, J.

Richard Michalak (Richard) and Mindy Michalak appeal an order of dismissal with *1278prejudice of their personal injury complaint against appellees, Ryder Truck Rental, Inc. (Ryder) and Kenneth Eugene Phillips (Phillips).

Because the trial court entered the order of dismissal without considering the factors set forth by the Florida Supreme Court in Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993), we reverse and remand for a hearing on the Kozel factors.

This action was filed on March 1, 2001. Appellee Phillips propounded interrogatories and a request for production to appellants. On April 19, 2001,…

2Cases cited4 opinions

  1. Mercer v. RaineSupreme Court of Florida · 1983
  2. Kozel v. OstendorfSupreme Court of Florida · 1994
  3. Commonwealth Fed. Sav. & Loan Ass'n v. TuberoSupreme Court of Florida · 1990
  4. Asper v. MAXY AVIATION SERVICES, LCDistrict Court of Appeal of Florida · 2005

3Cited by2 opinions

  1. ECLECTIC SYNERGY, LLC f/k/a GARAGE SALE SHOP, LLC v. ALEXANDER SEREDIN and MONA SEREDINDistrict Court of Appeal of Florida · 2022
  2. Norka Rodriguez v. Bryant Permit ServiceDistrict Court of Appeal of Florida · 2026

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