Marisol Capellan v. University of Miami, et al.
The Third District affirmed a dismissal with prejudice entered as a sanction for a plaintiff's willful failure to meet a court-ordered amended-pleading deadline in an FCRA employment discrimination case. The appellant's sole argument worth discussion — that the trial court failed to make express Kozel findings — was held unpreserved because she did not object below, provided no hearing transcript, and did not raise the missing findings in a rule 1.530 motion for rehearing. The opinion applies the amended rule 1.530(a) preservation requirement squarely to Kozel analyses.
Key facts
- Marisol Capellan sued the University of Miami and her former supervisor, Linda L. Neider, in the Circuit Court for Miami-Dade County, asserting a disparate treatment claim under the Florida Civil Rights Act.
- The trial court ordered Capellan to file an amended complaint by a set deadline; she missed it, and the court found her conduct reflected 'repeated, willful and deliberate' disregard of its orders.
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Holdings
- Under Florida Rule of Civil Procedure 1.530(a) as amended, a challenge to the trial court's failure to make required findings of fact — including the factor-by-factor Kozel analysis…
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Why it matters
This is a practice-critical opinion for any litigator defending or attacking a sanction-based dismissal. It confirms that the amended rule 1.530(a) preservation requirement reaches Kozel findings: if the trial court… — full analysis with a trial
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