United States Association of CDC, Inc., et al. v. WC WH, LLC, et al.

Third District Court of Appeal
State of Florida
Opinion filed January 7, 2026.
Not final until disposition of timely filed motion for rehearing.
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No. 3D24-1329
Lower Tribunal No. 16-20808-CA-01
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United States Association of CDC, Inc. , et al.,
Appellants,
vs.
WC WH, LLC, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, David Craig
Miller, Judge.
Reiner & Reiner, P.A., and David P. Reiner II, for appellants.
Perez 	Mayoral, 	P.A., 	and 	Julie 	K. 	Talbot 	Mayoral 	and 	Michael
Mayoral, for appellee WC WH, LLC; Paul J. Lane, P.A., and Paul J. Lane
(Port St. Lucie) for appellee Paul J. Lane.
Before FERNANDEZ, LOGUE and BOKOR, JJ.
PER CURIAM.

2
Affirmed. See Kozel v. Ostendorf, 629 So. 2d 817, 818 (Fla. 1993)
(describing factors to be considered in evaluating whether dismissal with
prejudice is warranted as a sanction for willful disregard of court orders);
Ham v. Dunmire, 891 So. 2d 492, 496 (Fla. 2004) (“While no ‘magic words’
are required, the trial court must make a finding that the conduct upon
which 	the 	order 	is 	based 	was 	equivalent 	to 	willfulness 	or 	deliberate
disregard.” (quotation omitted)); Deutsche Bank Nat’l Tr. Co. v. Sombrero
Beach Rd., LLC, 260 So. 3d 424, 428–29 (Fla. 3d DCA 2018) (noting that
evidentiary hearing is “generally” required in order for trial court to make
express findings of fact concerning all Kozel factors, but that order finding
dismissal 	appropriate 	under 	Kozel 	will 	be 	upheld 	where 	trial 	court
“include[s] in its written order findings of fact with respect to each Kozel
factor, and also individualized findings with regards to the conduct of those
individuals the lower court intends to sanction”).