ISIDORO MENDEZ AND CONSUELO MENDEZ, APPELLANTS,
v.
JIMMY BLANCO AND MARIA BLANCO, APPELLEES

Fla. 3d DCA | 1996-01-10
No. 95-1491
Before SCHWARTZ, C.J., and NESBITT and GODERICH, JJ.
665 So. 2d 1149 Florida District Court of Appeal, Third District (1996) Positive Treatment
Cited by 20 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court did not abuse its discretion in dismissing the plaintiffs complaint where Mr. Mendez committed serious misconduct by repeatedly lying under oath during a deposition. Accordingly, we affirm. See O'Vahey v. Miller, 644 So. 2d 550 (Fla. 3d DCA 1994).


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  • COX v. Burke, 706 So. 2d 43 (Fla. 5th DCA 1998)
    …ect of the plaintiff’s perjury did not touch on the cause of the action itself, dismissal was still appropriate. Unfortunately, what facts constituted “such serious misconduct” in O'Vahey to require dismissal are not disclosed.1 In Mendez v. Blanco, 665 So. 2d 1149, 1150 (Fla. 3d DCA 1996), the court held that the trial court did not abuse its discretion in dismissing plaintiff’s complaint where he “committed serious misconduct by repeatedly lying under oath during a [*47] deposition.” See also Figgie Int'l, I…
  • Metro. Dade Cnty. v. Martinsen, 736 So. 2d 794 (Fla. 3d DCA 1999)
    …7 (Fla.1956); Ashwood v. Patterson, 49 So. 2d 848, 850 (Fla.1951); Cox v. Burke, 706 So. 2d 43, 47 (Fla. 5th DCA 1998); Figgie Int’l, Inc. v. Alderman, 698 So. 2d 563 (Fla. 3d DCA 1997), review dismissed, 703 So. 2d 476 (Fla.1997); Mendez v. Blanco, 665 So. 2d 1149 (Fla. 3d DCA 1996); O'Vahey v. Miller, 644 So. 2d 550, 550 (Fla. 3d DCA 1994), review denied, 654 So. 2d 919 (Fla.1995); Kornblum v. Schneider, 609 So. 2d 138 (Fla. 4th DCA 1992); Horjales v. Loeb, 291 So. 2d 92, 93 (Fla. 3d DCA 1974); Fair v. Tampa…
  • Hanono v. Murphy, 723 So. 2d 892 (Fla. 3d DCA 1998)
    …case is proper.”); Figgie Int'l Inc. v. Alderman, 698 So. 2d 563 (Fla. 3d DCA 1997)(affirming entry of default against party which had destroyed evidence and presented false testimony), review dismissed, 703 So. 2d 476 (Fla.1997); Mendez v. Blanco, 665 So. 2d 1149 (Fla. 3d DCA 1996)(affirming dismissal of claim where plaintiff repeatedly lied under oath at deposition); O'Vahey v. Miller, 644 So. 2d 550, 550 (Fla. 3d DCA 1994)(affirming dismissal of claim based upon established perjury of plaintiff which repre…

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