A - 1 PROFESSIONAL ASPHALT, LLC
v.
THE NORTH GROVES CONDOMINIUM ASSOCIATION, INC.
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PER CURIAM.
AFFIRMED. See Kozel v. Ostendorf, 629 So. 2d 817, 818 (Fla. 1993) (reasoning that lesser sanction may often be appropriate to impose when attorney, not client, is responsible for error); Bank of N.Y. Mellon v. Sandhill, 202 So. 3d 944, 945 (Fla. 5th DCA 2016) (stating that in order to preserve trial court error in Kozel context, appellant needed to raise absence of trial court analysis in motion for rehearing); see also Bowman v. Kingsland Dev., Inc., 432 So. 2d 660, 662 (Fla. 5th DCA 1983) (“A default also admits the plaintiff’s entitlement to liquidated damages
due under the pleaded cause of action, but not unliquidated damages.”); Lloyd S. Meisels, P.A. v. Dobrofsky, 341 So. 3d 1131, 1136 (Fla. 4th DCA 2022) (“Because the defendants failed to file a response with their supporting factual position, as required under the amended rule, the trial court was permitted to consider the facts set forth in the plaintiff’s motion for summary judgment as ‘undisputed for purposes of the motion.’” (citing Fla. R. Civ. P. 1.510(e)(2))).1
TRAVER, C.J., and STARGEL and WHITE, JJ., concur. Adam J. Stevens, of Powell, Jackman, Stevens & Ricciardi, P.A., Fort Myers, and Margaret H. White-Small, Longboat Key, for Appellant.
Jason Hamilton Mikes, of Hamilton Mikes, P.A., Bonita Springs, for Appellee.
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Authorities Cited
- Carolann D. Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993)
- Flagship Nat'l Bank OF Miami v. Gray Distrib. Sys., Inc., 432 So. 2d 660 (Fla. 3d DCA 1983)
- Lloyd Meisels, P.A. v. Dobrofsky, 341 So. 3d 1131 (Fla. 4th DCA 2022)
- The Bank OF NEW York Mellon v. Sandhill, 202 So. 3d 944 (Fla. 5th DCA 2016)