DAVID HOWEY, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• McKNIGHT v. Evancheck, 907 So. 2d 699 (Fla. 4th DCA 2005)
  …frequent headaches, the prison records were directly contrary to his sworn testimony. The trial court may dismiss a plaintiffs entire case when the “ ‘party perpetrates a fraud on the court which permeates the entire proceedings.’ ” Vieira v. Doe, 813 So. 2d 1030, 1031 (Fla. 4th DCA 2002) (quoting Savino v. Fla. Drive In Theatre Mgmt., Inc., 697 So. 2d 1011, 1012 (Fla. 4th DCA 1997)). “The requisite fraud on the court occurs where ‘it can be demonstrated, clearly and convincingly, that a party has sentiently…
• Cousins v. Duprey (Fla. 4th DCA 2021)
  …osition testimony. It was his understanding that an “examination” constitutes “treatment.” Because defense counsel reasonably believed the interrogatory answer was true, they cannot have acted in bad faith or fraudulently. See Vieira v. Doe, 813 So. 2d 1030, 1031–32 (Fla. 4th DCA 2002) (reversing sanction where no clear showing of fraud given interrogatory questions were vague and imprecise). Plaintiff and the trial court’s order rely in part on the premise that defense counsel was obliged to u…
• Taylor v. Serafina A. Martell, 893 So. 2d 645 (Fla. 4th DCA 2005)
  …(Fla. 4th DCA 1992), the record did not establish that a plaintiff had any prior knowledge of her counsel’s inclusion in the complaint of her husband’s fraudulent claim. In both Arzuman v. Saud, 843 So. 2d 950 (Fla. 4th DCA 2003), and Vieira v. Doe, 813 So. 2d 1030 (Fla. 4th DCA 2002), there was no clear showing of fraud. The showing of fraud in this ease went well beyond the requirement that a dismissal must be supported by “ ‘a clear showing of fraud, pretense, collusion, or similar wrongdoing.’ ” Vieira, 81…

Authorities Cited

• Kronz v. State, 462 So. 2d 450 (Fla. 1985)
• Martin v. State, 796 So. 2d 1271 (Fla. 4th DCA 2001)