Civil Litigation

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Total Fraud Cases: 3

Coleman Holdings Inc. v. Morgan Stanley

20 So. 3d 952 (Fla. 4th DCA 2009) (October)

2009-10-07

FRAUD

After the district court reversed a judgment in its favor, the plaintiffs requested that the trial court set aside the original judgment and grant a new trial. The motion noted the earlier finding that the defendant had committed discovery misconduct and argued that it was the equivalent of a fraud on the court. The defendant had previously been sanctioned for this conduct. The trial court denied this motion, and the district court affirmed that decision. It noted that the trial court has broad discretion in considering such motions, and that this discovery misconduct had already been dealt with at trial. Also, the alleged fraud did not affect the facts that led to the reversal of the original judgment.



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Armakan v. McLean

26 Fla. L. Weekly D2641 (Fla. 3d DCA November 7, 2001)

2001-11-07

FRAUD

Plaintiff claimed to have suffered an injury to his left knee in auto accident. In response to interrogatory and deposition questions, Plaintiff denied any prior injuries to his knee. However, medical records revealed surgery of his right knee 18 years before. The court found that the misrepresentation was not material because it involved the right knee rather than the left knee allegedly injured in the accident. Therefore, the court found that case should not have been dismissed without a finding that the plaintiff had attempted to commit a fraud upon the court.

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