Houser v. County of Volusia

We review this case to determine if the trial court abused its discretion when it dismissed this negligence action as a sanction for dilatory behavior by Appellant’s counsel, Appellant, or both. Although the record is replete with allegations of dilatory behavior, 1 because the trial court did not make the requisite findings of fact to support the dismissal, pursuant to Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993), we are constrained to reverse and remand for further consideration.

Appellant filed a negligence action against Appellee on November 9, 2004, concerning an incident that occurred…