CANSTAR INTERNATIONAL INC v. WC WH HOLDINGS LLC (2025)

District Court of Appeal of Florida, Third District.

CANSTAR INTERNATIONAL, INC., Appellant, v. WC WH HOLDINGS, LLC, etc., et al., Appellees.

No. 3D24-1506

Decided: September 03, 2025

Before GORDO, BOKOR and GOODEN, JJ.

Reiner & Reiner, P.A., and David P. Reiner, II; Michael A. Pizzi, Jr., P.A., and Michael A. Pizzi, Jr., for appellant. Perez Mayoral, P.A., and Julie K. Talbot and Michael Mayoral, for appellees.

Appellant Canstar International, Inc. appeals an order dismissing its case as a sanction. While the trial court addressed the Kozel ¹ factors, it asserts that the trial court abused its discretion by doing so without conducting an evidentiary hearing. But an evidentiary hearing is not required where there is a sufficient evidentiary record before the trial court and it makes the required written findings analyzing the Kozel factors. See Ham v. Dunmire, 891 So. 2d 492, 500 (Fla. 2004); Ofer v. Bernstein, 327 So. 3d 901, 902 (Fla. 3d DCA 2021); Garcia-Mathies Interiors, Inc. v. Peré, 259 So. 3d 213, 215 n.1 (Fla. 3d DCA 2018). And so, the trial court did not abuse its discretion.

Affirmed.

FOOTNOTES

1. Kozel v. Ostendorf, 629 So. 2d 817, 818 (Fla. 1993).

PER CURIAM.

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