Elizabeth Nesbitt v. SafePoint Insurance Company
This text of Elizabeth Nesbitt v. SafePoint Insurance Company (Elizabeth Nesbitt v. SafePoint Insurance Company) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed January 14, 2026. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-681 Lower Tribunal No. 15-30190-CA-01 ________________
Elizabeth Nesbitt, Appellant,
vs.
SafePoint Insurance Company, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, David Craig Miller, Judge.
Giasi Law, P.A., and Melissa A. Giasi (Tampa), for appellant.
Bickford & Chidnese, LLP, and Patrick M. Chidnese and Frieda C. Lindroth (Tampa), for appellee.
Before FERNANDEZ, LOGUE and GORDO, JJ.
PER CURIAM.
Affirmed. See Metro. Dade Cnty. v. Martinsen, 736 So. 2d 794, 794-95
(Fla. 3d DCA 1999) (concluding that “trial court abused its discretion in failing to dismiss the case” where “plaintiff’s misrepresentations and omissions
about her accident and medical history in interrogatories and in deposition
went to the heart of her claim and subverted the integrity of the action”); Long
v. Swofford, 805 So. 2d 882, 884 (Fla. 3d DCA 2001) (“A trial court has a
duty and an obligation to dismiss a cause of action based upon fraud.”).
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