Elizabeth Nesbitt v. SafePoint Insurance Company

Opinion

Third District Court of Appeal State of Florida

Opinion filed January 14, 2026. Not final until disposition of timely filed motion for rehearing.

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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.”).