Medina v. Florida East Coast Railway, L.L.C.

District Court of Appeal of Florida

Medina v. Florida East Coast Railway, L.L.C.

921 So. 2d 767, 2006 Fla. App. LEXIS 2340, 2006 WL 398459

CourtDistrict Court of Appeal of Florida

DecidedFebruary 22, 2006

DocketNo. 3D04-1391

StatusPublished

This text of 921 So. 2d 767 (Medina v. Florida East Coast Railway, L.L.C.) 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.

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Medina v. Florida East Coast Railway, L.L.C., 921 So. 2d 767, 2006 Fla. App. LEXIS 2340, 2006 WL 398459 (Fla. Ct. App. 2006).

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Opinion

SCHWARTZ, Senior Judge.

After the hearing¹ required by Medina v. Florida East Coast Railway, 866 So.2d 89 (Fla. 3d DCA 2004), the trial court again dismissed this personal injury action for fraud on the court on the basis of various alleged omissions and misstatements made by the plaintiff during discovery. We reverse for a jury trial because it is clear the alleged misconduct did not rise to the level of egregiousness required to merit the extreme sanction of dismissal. See Cross v. Pumpco, Inc., 910 So.2d 324 (Fla. 4th DCA 2005); Rios v. Moore, 902 So.2d 181 (Fla. 3d DCA 2005); Canaveras v. Cont’l Group, Ltd., 896 So.2d 855 (Fla. 3d DCA 2005); Ruiz v. City of Orlando, 859 So.2d 574 (Fla. 5th DCA 2003).

Reversed and remanded.

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SCHWARTZ, Senior Judge.

After the hearing¹ required by Medina v. Florida East Coast Railway, 866 So.2d 89 (Fla. 3d DCA 2004), the trial court again dismissed this personal injury action for fraud on the court on the basis of various alleged omissions and misstatements made by the plaintiff during discovery. We reverse for a jury trial because it is clear the alleged misconduct did not rise to the level of egregiousness required to merit the extreme sanction of dismissal. See Cross v. Pumpco, Inc., 910 So.2d 324 (Fla. 4th DCA 2005); Rios v. Moore, 902 So.2d 181 (Fla. 3d DCA 2005); Canaveras v. Cont’l Group, Ltd., 896 So.2d 855 (Fla. 3d DCA 2005); Ruiz v. City of Orlando, 859 So.2d 574 (Fla. 5th DCA 2003).

Reversed and remanded.

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921 So. 2d 767, 2006 Fla. App. LEXIS 2340, 2006 WL 398459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medina-v-florida-east-coast-railway-llc-fladistctapp-2006.

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