Michelle Gerbino v. Isle of Paradise B, Inc., Gus Nasiell, Jean-Paul and Marie Berthiaume, Kasey and Kevin McClung and Anthony Vitale

On Motion fob Rehearing

WARNER, J.. We grant appellant’s motion for rehearing, withdraw our prior opinion and substitute the following in its place.

Appellant challenges a final order dismissing her complaint for declaratory judgment with prejudice after the court denied her request for additional time to file an amended complaint. She claims that the court failed to provide proper notice and did not conduct an analysis pursuant to Kozel v. Ostendorf 629 So.2d 817 (Fla.1993), to determine whether dismissal was an appropriate sanction. We agree on both points and reverse.

Appellant, acting pro…