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Court affirms dismissal of action for fraud upon the court when it found no abuse of discretion by the trial court’s imposition of the “ultimate sanction.”

October 1, 2019
Pino v. CGH Hospital, Ltd., 2019 Fla. App. LEXIS 12462 (Fla. 3d DCA 2019)

The Third District Court of Appeal affirmed the dismissal of a plaintiff’s personal injury action for fraud upon the court when it found no abuse of discretion by the trial court’s imposition of the “ultimate sanction.” The trial court had conducted an evidentiary hearing, during which it considered transcripts, surveillance recordings and live testimony. The trial court found that surveillance video proved the plaintiff had grossly misrepresented the nature and extent of her injuries, had repudiated her prior testimony, and had fabricated evidence to support her theory of the case. The Third District Court of Appeal held that the record reflected the plaintiff’s intent to deceive the trial court and affirmed the dismissal.

 

Case Law Alerts, 4th Quarter, October 2019

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2019 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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