Florida Third District Court Issues Opinion Regarding Eumelia Hernandez Vs. Citizens Property Insurance
An Appeal from the
Roig Lawyers, and
Before EMAS, GORDO and BOKOR, JJ.
BOKOR, J.
Appellant
"[T]he trial court has the discretionary power to dismiss a complaint if the plaintiff fails to timely file an amendment" after a dismissal with leave to refile. Id. at 817. However, "[b]ecause dismissal is the ultimate sanction in the adversarial system, it should be reserved for those aggravating circumstances in which a lesser sanction would fail to achieve a just result." Id. at 818. This Court has found that before a trial court may dismiss an action with prejudice as a sanction, the trial court must conduct an evidentiary hearing and make specific findings as to the six Kozel factors in to determine if dismissal with prejudice is warranted. Deutsche Bank Nat'l Tr. Co. v.
"Express findings are required to ensure that the trial judge has consciously determined that the failure was more than a mistake, neglect, or inadvertence, and to assist the reviewing court to the extent the record is susceptible to more than one interpretation." Deutsche Bank Nat'l Tr. Co. v. Cagigas, 85 So. 3d 1181, 1182 (Fla. 3d DCA 2012) (quoting Ham v. Dunmire, 891 So. 2d 492, 496 (Fla. 2004) ("While no 'magic words' are required, the trial court must make a 'finding that the conduct upon which the order was based was equivalent to willfulness or deliberate disregard.'")).
Because the trial court dismissed the action without conducting the Kozel analysis, we vacate the final order of dismissal and remand for further proceedings consistent with this opinion.
* * *
Footnotes:
1/ Kozel provides a bright-line test. However, we note that this is consistent with our pre-Kozel jurisprudence. In similar circumstances, this Court reversed dismissals where a plaintiff filed an amended complaint "late by a relatively small amount of time," absent a showing of prejudice to the defendants or significant inconvenience to the trial court. See AraujoSanchez v. Amoon, 513 So. 2d 1307, 1308 (Fla. 3d DCA 1987) (reversing order of dismissal and remanding with instructions to permit filing of the third amended complaint where plaintiff filed a third amended complaint 14 days late due to miscalendaring and there was no evidence of prejudice or significant inconvenience); see also


State law going in effect Jan. 1 targets surprise medical bills
Floridians Face ‘Double Whammy’ With Inflation And Insurance Hikes
Advisor News
- The 6X Formula for leveraging content marketing with AI
- When a home becomes difficult to insure, the plan changes
- The inheritance gap: Helping clients plan for money that hasn’t arrived
- After the midterms: Addressing your clients’ tax concerns
- Berkeley arts tax heads toward passage while public bank measure looks likely to fail
More Advisor NewsAnnuity News
- DOL, trade groups, state AGs file briefs supporting Alcoa in PRT lawsuit
- John Hancock launches new fixed indexed annuity suite
- Annuities to play a larger role in workplace retirement plans
- FHLBank Pittsburgh Announces Results in 2026 Board Election
- Regulators advance shorter, streamlined annuity buyers guide
More Annuity NewsHealth/Employee Benefits News
- Why voluntary benefits belong in the broader talent strategy
- 'Caregiver Week' honors Hill healthcare expert
- 'I don't know if we've seen the worst of what's coming.' Medicaid changes loom for Kentuckians.
- Recent Findings from University of Maryland School of Medicine Has Provided New Data on Managed Care (Medicare Part D utilization management for negotiated drugs and within-class comparators, 2019-2026): Managed Care
- Kansas' rate of children without health insurance tops national average for second year
More Health/Employee Benefits NewsLife Insurance News
- Three lawsuits put life insurers’ cost-of-insurance practices under scrutiny
- Military Briefs: November 12-18
- Security Benefit Series B Preferred Stock Dividend Rate Resets to 10.286%
- FHLBank Pittsburgh Announces Results in 2026 Board Election
- New Jackson Study Finds the "Sandwich Generation" Squeeze Comes from More Than Two Sides and It’s Quietly Draining Retirement Savings
More Life Insurance News