Canstar International, Inc. v. WC WH Holdings, LLC, et al.
The Third District affirmed a Miami-Dade Circuit Court order dismissing a case as a sanction, rejecting the appellant's argument that the absence of an evidentiary hearing constituted an abuse of discretion. The court reaffirmed that an evidentiary hearing is not required when the trial court has a sufficient evidentiary record and makes the required written findings analyzing the Kozel factors.
Key facts
- Canstar International filed suit in Miami-Dade Circuit Court (Lower Tribunal No. 19-999-CA-01), with the case presided over by Judge David C. Miller.
- The trial court entered an order dismissing Canstar's case as a sanction, applying and addressing in writing each of the Kozel factors required under Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993), but without holding an evidentiary hearing.
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Holdings
- An evidentiary hearing is not required before a trial court dismisses a case as a sanction, provided there is a sufficient evidentiary record before the court and it makes required written…
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