Based upon numerous material misrepresentations about the plaintiff's medical condition and history, the Fifth District Court of Appeals affirmed the trial court's dismissal based upon the plaintiff's fraud on the court.

The Appellate Court affirmed the trial court's dismissal of the plaintiff's case after finding that the plaintiff submitted a fraud on the court for material misrepresentations regarding his medical history and injuries. Pursuant to Cox v. Burke, the test to dismiss a case for fraud is clear and convincing evidence of an unconscionable scheme calculated to interfere with the judicial system's ability to impartially adjudicate a matter by improperly influencing the trier of fact or unfairly hampering the presentation of the opposing party's claim. The court affirmed that trial courts have inherent authority to dismiss an action when a plaintiff perpetrates a fraud on the court. However, the power to dismiss should be used sparingly and cautiously.

Case Law Alert - 3rd Qtr 2012