Prater v. Comprehensive Health Center

            2016 WL 231330 (Fla. 3d DCA 2016)

           Trial court’s order striking plaintiff’s pleadings and entering final judgment in favor of the defendants was reversed because the severity of the sanctions were not commensurate with the violation at issue: the disclosure of an electronic copy of a single page of evidence on the eve of the first day of jury selection.  There was also not competent substantial evidence to support the trial court’s conclusion that each of the Kozel factors had been met, including proof that plaintiff’s counsel’s actions were “willful, deliberate or contumacious.”​ 

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