STRATTON v. INTOCCIA (2022)

District Court of Appeal of Florida, Third District.

Steven STRATTON, et al., Appellants, v. Christina INTOCCIA, et al., Appellees.

No. 3D22-0810

Decided: August 31, 2022

Before LOGUE, LINDSEY, and BOKOR, JJ.

Clark, Fountain, La Vista, Prather & Littky-Rubin, LLP, and Julie H. Littky-Rubin (West Palm Beach), for appellants. Hinshaw & Culbertson LLP, and James H. Wyman, for appellees.

ON CONFESSION OF ERROR

Appellees (Defendants below) Christina and Louise Intoccia commendably concede that the trial court erred in dismissing the case without considering the factors set forth in Kozel v. Ostendorf, 629 So. 2d 817 (Fla. 1993). We accept Appellees’ confession of error, reverse the order of dismissal, and remand for further proceedings.

Reversed and remanded.

PER CURIAM.

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