Legal Opinion

Alsina v. Gonzalez

District Court of Appeal of Florida

Decided March 21, 2012No. 4D11-195PublishedCited by 12 opinions

1Opinion of the CourtWarner, J.

Luis and Rita Alsina appeal from the dismissal of their complaint as a sanction for their attorney’s willful failure to comply with a court order. Because the trial court failed to consider all of the Kozel factors in ordering dismissal, we reverse.

The Alsinas filed a complaint in April 2007 against appellees, the Gonzalezes, for adverse possession and injunctive relief involving a boundary dispute between their two properties. In response, the Gonza-lezes asserted counterclaims for slander of title and statutory violation of the building *964code. Thereafter, the case was noticed for trial, and…

2Cases cited5 opinions

  1. Kozel v. OstendorfSupreme Court of Florida · 1994
  2. Ham v. DunmireSupreme Court of Florida · 2004
  3. Bank One, NA v. HarrodDistrict Court of Appeal of Florida · 2004
  4. Smith v. City of Panama CityDistrict Court of Appeal of Florida · 2007
  5. Erdman v. BlochDistrict Court of Appeal of Florida · 2011

3Cited by12 opinions

  1. Celebrity Cruises, Inc. v. FernandesDistrict Court of Appeal of Florida · 2014
  2. Deutsche Bank National Trust Co. v. CagigasDistrict Court of Appeal of Florida · 2012
  3. Deutsche Bank v. Sombrero Beach RoadDistrict Court of Appeal of Florida · 2018
  4. Portofino Professional Center v. Prime HomesDistrict Court of Appeal of Florida · 2014
  5. Vista St. Lucie Ass'n v. DellatoreDistrict Court of Appeal of Florida · 2015

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