Legal Opinion · Concurrence

Bank of New York Mellon v. Timothy M. Clark, Sanctuary at Redfish Condominium Association, Inc. Excuisite Builders, LLC Beach Community Bank Unknown Occupant 1 Unknown Occupant 2 Unknown Spouce of Timothy M. Clark

District Court of Appeal of Florida

Decided February 4, 2016No. 1D15-2250Published

1Concurrence

THOMAS, J.,

Specially Concurring.

Although this Court must remand for factual findings consistent with Kozel v. Ostendoyf, 629 So.2d 817 (Fla.1993), it is apparent that discovery violations occurred in this case. And although it is correct that this court reversed an order imposing *1272a sanction of dismissal for discovery violations in GMAC Mortgage, LLC v. Whiddon, 164 So.3d 97 (Fla. 1st DCA 2015), that ease is readily distinguishable from the discovery violations documented here. In GMAC, the party at fault improvidently filed a foreclosure action and demonstrated an inability to follow rules of…

2Cases cited2 opinions

  1. Kozel v. OstendorfSupreme Court of Florida · 1994
  2. GMAC Mortgage, LLC v. Edward Whiddon, Holly WhiddonDistrict Court of Appeal of Florida · 2015

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