STEVEN STRATTON, ET AL.,
v.
CHRISTINA INTOCCIA, ET AL.,
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A trial court must apply the Kozel v. Ostendorf factors before dismissing a case, and failure to do so constitutes reversible error.
[1] A trial court must apply the factors set forth in Kozel v. …
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Join FLexlaw to unlock all legal intelligenceAppellees (defendants below) Christina and Louise Intoccia appealed a trial court dismissal order. The defendants conceded that the trial court erred …
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Third District Court of Appeal State of Florida
Opinion filed August 31, 2022.
________________
No. 3D22-0810 Lower Tribunal No. 19-0290-P ________________
Steven Stratton, et al., Appellants,
vs.
Christina Intoccia, et al., Appellees.
An Appeal from the Circuit Court for Monroe County, Timothy J. Koenig, Judge.
Clark, Fountain, La Vista, Prather & Littky-Rubin, LLP, and Julie H. Littky-Rubin (West Palm Beach), for appellants.
Hinshaw & Culbertson LLP, and James H. Wyman, for appellees.
Before LOGUE, LINDSEY, and BOKOR, JJ.
ON CONFESSION OF ERROR
2
PER CURIAM.
Appellees (Defendants below) Christina and Louise Intoccia commendably concede that the trial court erred in dismissing the case without considering the factors set forth in Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993). We accept Appellees’ confession of error, reverse the order of dismissal, and remand for further proceedings.
Reversed and remanded.