Witt v. La Gorce Country Club
34 Fla. L. Weekly D 1161 (Fla. 3rd DCA 2009) (June)
The trial court dismissed a plaintiff’s personal injury claim with prejudice after finding a fraud on the court by denying past medical issues. The district court reversed holding that such dismissal should be utilized only in the most blatant cases of fraud. Although the district court noted that the plaintiff’s testimony regarding the previous injuries may prevent him from claiming certain damages, it did not affect all damages or the issue of liability.