Legal Opinion
Property Owners Association, Inc.
District Court of Appeal of Florida
Decided May 27, 2015No. 4D12-3855-The Bank of New York Mellon v. Jeffrey Kossis, Marlene Kossis, Meadows On The Green Condominium Association, Inc., The 300PublishedCited by 3 opinions
1Opinion of the CourtGerber, J.
The bank appeals from the circuit court’s order dismissing the bank’s foreclosure action without prejudice as a sanction for the bank’s failure to comply with a discovery order. The bank primarily argues the court erred by dismissing the action without the requisite written findings of fact to support such a sanction. We agree with that argument. Therefore, we reverse the dismissal order and remand for further proceedings.
After the bank filed its foreclosure action, the homeowners served interrogatories and a request for production on the bank. The bank failed to timely respond to the…
2Cases cited4 opinions
- Kozel v. OstendorfSupreme Court of Florida · 1994
- Ham v. DunmireSupreme Court of Florida · 2004
- Tianvan v. Avco Corp.District Court of Appeal of Florida · 2005
- Wells Fargo Bank, N.A. v. StahlerDistrict Court of Appeal of Florida · 2013
3Cited by3 opinions
- Thomas Franklin v. Bank of America, N.A., Successor in etc.District Court of Appeal of Florida · 2016
- Clautide Jean-Pierre, James Jean-Pierre, and Reynold Jean-Pierre v. Madeline GlabermanDistrict Court of Appeal of Florida · 2016
- Wells Fargo National Bank, National Association v. Gerald A. AnishDistrict Court of Appeal of Florida · 2016