Wells Fargo National Bank, National Association v. Gerald A. Anish

Appellant (“the Bank”) appeals the trial court’s order dismissing its mortgage foreclosure complaint against appellee (“the Homeowner”). The dismissal was based on multiple violations of court orders. Since the trial court did not make the required findings pursuant to Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993), we reverse and remand.

The Bank filed a one-count mortgage foreclosure complaint against the Homeowner. The Homeowner filed his answer and affirmative defenses.

In preparation for trial, the Homeowner moved to strike the Bank’s witness list and compel discovery. In ruling on the…