Clearcare, LLC v. Progressive American Insurance Company

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT CLEARCARE, LLC, Appellant, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellee. No. 4D22-192 [April 6, 2022] Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County; Louis Schiff, Judge; L.T. Case No. COINX21052805. Chad A. Barr of Law Office of Chad A. Barr, P.A., Altamonte Springs, for appellant. Michael C. Clarke of Kubicki Draper, P.A., Tampa, for appellee. ON CONFESSION OF ERROR PER CURIAM. The plaintiff appeals from the county court’s final order of dismissal. The court’s final order provided that because the plaintiff had failed to comply with the court’s previous order giving the plaintiff a certain time period to file an amended complaint, the court was dismissing the action on its own motion. The defendant has filed a confession of error on the basis that the court did not consider the factors set forth in Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993), for determining whether dismissal was the appropriate sanction. We accept the defendant’s confession of error. Based on the foregoing, we reverse the final order of dismissal, and remand for further proceedings. Reversed and remanded for further proceedings. GROSS, DAMOORGIAN, and GERBER, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing. 2