AURORA LOAN V. RAMIREZ, ET AL.

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Third District Court of Appeal State of Florida, July Term, A.D. 2013 Opinion filed September 11, 2013. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D12-2217 Lower Tribunal No. 08-39816 ________________ Aurora Loan Services, LLC, Appellant, vs. Marie Ramirez, et al., Appellees. An Appeal from the Circuit Court for Miami-Dade County, Jose M. Rodriguez, Judge. Elizabeth R. Wellborn, PA and Audrey Dixon and Aaron Clemens, for appellant. Frank L. Hollander; Scott J. Levine; Maurice Hinton, for appellees. Before SHEPHERD, C.J., and SALTER, J., and SCHWARTZ, Senior Judge. SCHWARTZ, Senior Judge. The award of $17,800 in attorney s fees as a sanction for a discovery violation in this mortgage foreclosure case is reversed because the order does not contain the findings mandated by Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993), and the record does not support a conclusion that the discovery violation was a willful and deliberate one as required by law. See Commonwealth Fed. Sav. & Loan Ass n v. Tubero, 569 So. 2d 1271 (Fla. 1990).1 Accordingly, the order is reversed and remanded with directions to vacate the award of attorney s fees. Reversed and remanded. 1 In light of this ruling, we do not reach any other issue on appeal. 2

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