HM&B’s Property Group Secures Order Granting Motion for Dismissal with Prejudice

John Doe v. Insurance Company, (IN THE COUNTY COURT OF THE FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA)

Tiffany Basdeosingh and Nikki Hawkins obtained an Order of Dismissal with Prejudice based upon the Kozel factors established in Kozel v. Ostendorf, 629 So.2d 817 (Fla. 1993) on behalf of our client. Specifically, the Court held that plaintiffs continuously failed to cooperate with their retained counsel; failed to respond to counsel’s inquiries; refused to cooperate in the timely response to discovery requests; failed to appear for their scheduled depositions (for which counsel for both sides appeared); failed to assist their counsel in meeting Court-ordered deadlines; and failed to appear for two separate hearings on Counsel’s Motion to Withdraw. At the Court’s direction, the plaintiffs were personally served with the (second) Notice of Hearing set for September 4, 2025. That notice, (dated August 20, 2025), mandated that Plaintiff’s appear at this second hearing on their counsel’s motion to withdraw (via Zoom). The Notice further stated that plaintiff’s failure to appear could result in sanctions, up to and including dismissal of the lawsuit.

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