Background
Marisol Capellan sued the University of Miami and her former supervisor, Linda L. Neider. The circuit court dismissed her complaint with prejudice after concluding that she had repeatedly, willfully, and deliberately disregarded court orders by missing a court-ordered deadline to amend her complaint.
The circuit court also determined that Capellan’s untimely amended complaint continued to fail to state a disparate-treatment claim under the Florida Civil Rights Act. Capellan appealed the final dismissal order and raised several grounds for reversal. The Third District addressed only her argument that the circuit court failed to make express, factor-by-factor findings under Kozel v. Ostendorf.
The Court’s Holding
The Third District affirmed. It held that Capellan had not preserved her challenge to the absence of express Kozel findings because she did not object below and did not file a motion for rehearing under Florida Rule of Civil Procedure 1.530. That rule requires a party challenging a final judgment’s failure to include required factual findings to raise the issue in a rehearing motion, giving the trial court an opportunity to supply those findings.
The court also noted that Capellan failed to provide a transcript of the relevant hearing. Without that transcript or an equivalent record, the appellate court could not meaningfully review the factual context or determine whether the circuit court abused its discretion. These preservation and record deficiencies were fatal to the Kozel argument.
Key Takeaways
- A challenge to a final judgment’s omission of required factual findings must be raised in a motion for rehearing under Florida Rule of Civil Procedure 1.530.
- A party seeking appellate review of a dismissal sanction must preserve the specific argument in the trial court.
- Failure to provide a transcript or suitable substitute can prevent meaningful review of whether the trial court abused its discretion.
Why It Matters
The decision underscores that objections to missing Kozel findings are subject to ordinary preservation requirements, even when a complaint has been dismissed with prejudice. Counsel must timely alert the trial court through a rehearing motion and ensure that the appellate record contains the materials needed to evaluate the dismissal.