Wednesday, May 21, 2014

3d DCA Watch -- Oy Veh Kozel Again.

Like hamsters in a concrete, encased bunker-shaped wheel, the 3d must repeatedly say the same thing over and over again until the trial judges somehow get the message:
Deutsche Bank National Trust Company appeals the dismissal of this foreclosure action as a sanction for discovery violations. We reverse and remand for further proceedings because the trial court failed to make the express factual findings required under Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993). While this may not be a Kozel case, the factors of willfulness, responsibility and prejudice apply, and whether a lesser sanction might serve the purpose should be considered on remand.
Woah -- what's that last part? 

Are those new Kozel factors?

If not, you've just complicated an analysis trial courts already struggle with by adding additional factors, thus guaranteeing a return trip on this issue, if not in this case than surely in another.

Like hamsters in a concrete, encased bunker-shaped wheel.....

 Hillstone v. P.F. Chang's:

Two massive corporate manufacturers of faceless, economically-driven, focus-group tested "food" face off against each other.

Can both sides lose?

(Can you tell I'm not a fan of chain restaurants?)


Anonymous said...

Keep rocking it SFL

Anonymous said...

I аm regulaг viѕitor, hoω аre уou еverуboԁу?
Thiѕ aгticlе pоsted аt this
web pаge is trulу fastidious.

Anonymous said...

Which judge got reversed?

Anonymous said...

I dunno about you, but frankly I prefer that my food be "faceless."