Legal Opinion
Deutsche Bank National Trust Co. v. Cagigas
District Court of Appeal of Florida
Decided April 18, 2012No. 3D11-1744PublishedCited by 7 opinions
1Opinion of the Court
CONFESSION OF ERROR
LAGOA, J.
Appellant Deutsche Bank National Trust Company appeals an order dismissing its complaint with prejudice as a sanction for misconduct. We agree with appel-lees’ confession of error that the trial court’s order must be reversed.
It is well settled that a court must first consider each of the following six factors delineated in Kozel v. Ostendorf, 629 So.2d 817, 818 (Fla.1993), before dismissing a case as a sanction:
1. whether the attorney’s disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience; 2) whether the attorney has…
2Cases cited7 opinions
- Kozel v. OstendorfSupreme Court of Florida · 1994
- Ham v. DunmireSupreme Court of Florida · 2004
- Alsina v. GonzalezDistrict Court of Appeal of Florida · 2012
- Arkiteknic, Inc. v. United Glass Laminating, Inc.District Court of Appeal of Florida · 2011
- Alvarado v. SNOW WHITE AND THE SEVEN DWARFS, INC.District Court of Appeal of Florida · 2009
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Toll v. KorgeDistrict Court of Appeal of Florida · 2013
- Deutsche Bank v. Sombrero Beach RoadDistrict Court of Appeal of Florida · 2018
- Deutsche Bank National Trust Co. v. Avila-GonzalezDistrict Court of Appeal of Florida · 2015
- Crown Asset Management, LLC v. Judith BribiescaDistrict Court of Appeal of Florida · 2024
- EUMELIA HERNANDEZ v. CITIZENS PROPERTY INSURANCE CORPORATIONDistrict Court of Appeal of Florida · 2021
2 more not listed; retrieve them via the Exa API.