Overturning Sanctions for Failure to Make Specific Factual Findings – Cox v. Great American Insurance Co.

At issue in this appeal before the Fourth DCA was the trial court’s award of sanctions, pursuant to Florida Rule of Civil Procedure 1.730(c), for a parties violation of a mediation agreement.  The Fourth DCA determined that the imposition of sanctions per Rule 1.730(c) required specific factual findings as to the breach or failure to perform under the terms of the mediation agreement.  Instead, the trial court had merely entered an order summarily granting such fees without stating the basis for the determination of fee entitlement.

Cox v. Great American Insurance Co., 37 Fla. L. Wkly D686a (Fla. 4th DCA March 21, 2012)