Opinion
No. 3D14-271 No. 3-1733 Lower Tribunal No. 12-27257
06-04-2014
YachtBrasil Motor Boats & Charters, LLC, et al., Appellants, v. John Gluck, Appellee.
Richard S. Gendler & Associates and Martin G. McCarthy, for appellant YachtBrasil Motor Boats & Charters LLC. Moscowitz & Moscowitz and Norman A. Moscowitz and Jane W. Moscowitz, for appellee.
Not final until disposition of timely filed motion for rehearing.
Appeals from the Circuit Court for Miami-Dade County, Sarah I. Zabel, Judge.
Richard S. Gendler & Associates and Martin G. McCarthy, for appellant YachtBrasil Motor Boats & Charters LLC.
Moscowitz & Moscowitz and Norman A. Moscowitz and Jane W. Moscowitz, for appellee. Before SUAREZ, SALTER, and SCALES, JJ.
SUAREZ, J.
YachtBrasil Motor Boats & Charters LLC, and Aderbal Coelho, Junior appeal the trial court's Order Granting Sanctions dated June 5, 2013 striking YachtBrasil's answers and affirmative defenses and dismissing YachtBrasil's counterclaim with prejudice. Although these are severe sanctions, we find the trial court did not abuse its discretion and find that each of the elements of Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993) is supported by the evidence.
Affirmed.