U.S. Bank National Ass'n v. Rodriguez

U.S. Bank National Association appeals an order that dismissed its foreclosure suit against Lourdes M. Rodriguez (“Borrower”) pursuant to Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993). The predecessor trial judge had previously sanctioned the Bank for failure to comply with discovery orders. The successor trial judge, however, dismissed .the case for one primary reason: the Bank’s decision to call one witness to testify over another. The successor trial judge found that the Bank’s decision to do so violated an order from the predecessor judge and prejudiced the Borrower. Because the record…