CLEARCARE LLC v. PROGRESSIVE AMERICAN INSURANCE COMPANY (2022)

District Court of Appeal of Florida, Fourth District.

CLEARCARE, LLC, Appellant, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellee.

No. 4D22-192

Decided: April 06, 2022

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

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.

Per Curiam.

Gross, Damoorgian, and Gerber, JJ., concur.

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