Summary
reversing sanction for a discovery violation in part because the record did not “support a conclusion that the discovery violation was a willful and deliberate one as required by law”
Summary of this case from U.S. Bank Nat'l Ass'n v. WhyteOpinion
No. 3D12–2217.
2013-09-11
AURORA LOAN SERVICES, LLC, Appellant, v. Marie RAMIREZ, et al., Appellees.
An Appeal from the Circuit Court for Miami–Dade County, Jose M. Rodriguez, Judge. Elizabeth R. Wellborn, PA, Deerfield Beach, and Audrey Dixon and Aaron Clemens, Public Defender for appellant. Frank L. Hollander, Miami; Scott J. Levine, Plantation; Maurice Hinton, Fort Lauderdale, for appellees.
An Appeal from the Circuit Court for Miami–Dade County, Jose M. Rodriguez, Judge.
Elizabeth R. Wellborn, PA, Deerfield Beach, and Audrey Dixon and Aaron Clemens, Public Defender for appellant. Frank L. Hollander, Miami; Scott J. Levine, Plantation; Maurice Hinton, Fort Lauderdale, for appellees.
Before SHEPHERD, C.J., and SALTER, J., and SCHWARTZ, Senior Judge.
SCHWARTZ, Senior Judge.
The award of $17,800 in attorney's fees as a sanction for a discovery violation in this mortgage foreclosure case is reversed because the order does not contain the findings mandated by Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993), and the record does not support a conclusion that the discovery violation was a willful and deliberate one as required by law. See Commonwealth Fed. Sav. & Loan Ass'n v. Tubero, 569 So.2d 1271 (Fla.1990). Accordingly, the order is reversed and remanded with directions to vacate the award of attorney's fees.
In light of this ruling, we do not reach any other issue on appeal.
Reversed and remanded.