COLLEEN GRIFFITH AND PATRICK J. DEESE, ESQUIRE, APPELLANTS
v.
RAMZEY'S A PLUS, INC. D/B/A QABLAWI AUTO SALES, APPELLEE
Colleen Griffith and her attorney, Patrick J. Deese, appeal the trial court’s order assessing attorney’s fees against them under Florida Rule of Civil Procedure 1.380(a)(4). We affirm.
Griffith, on Deese’s advice, refused to answer a deposition question, asserting that the question was irrelevant and an improper hypothetical. On appeal, Griffith and Deese claim that the trial court, improperly sanctioned them without making the findings required by Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993). We- disagree. Kozel applies when the trial court dismisses a case or claim, enters a default, or strikes pleadings as a sanction. It does not apply when expenses are assessed, as here, under rule 1.380(a)(4).
AFFIRMED.
ORFINGER, COHEN and LAMBERT, JJ., concur.
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Desmond F. Ballard and Niles B. Whitten v. Bank of Am., 249 So. 3d 794 (Fla. 2d DCA 2018)
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Johnson v. State, 207 So. 3d 254 (Fla. 5th DCA 2016)…ER CURIAM. Craig Johnson appeals the second order summarily denying his rule 3.850 motion for postconviction relief, which was remanded back to the trial court for reconsideration of part of claim three alleged in the motion. See Johnson v. State, 186 So. 3d 629 (Fla. 5th DCA 2016). On remand the trial court denied the claim and attached a jury instruction, which does not conclusively refute the claim. Accordingly, we reverse the order under review and remand this case for an evidentiary hearing. REVERSED…
Authorities Cited
- Carolann D. Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993)