ANTHONY K. STEPHENS, APPELLANT,
v.
BAY MEDICAL CENTER, GULF PINES HOSPITAL, INC., DAVID WEBB, M.D., FREDERICK B. EPSTEIN, M.D., KEVIN MORRISSEY, M.D., BAY EMERGENCY PHYSICIAN SPECIALISTS, INC., AND JOHN DOE, APPELLEES
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The trial court erred by dismissing the case for fraud on the court without providing the plaintiff an opportunity for a separate evidentiary hearing to present additional evidence before imposing sanctions.
A trial court must provide a party with notice and an opportunity for a separate evidentiary hearing to present additional evidence before dismissing a case or imposing sanctions based on fraud on the court.
[1] A trial court must provide a party with notice and an opportunity for a separate evidentiary hearing before dismissing a case or imposing sanctions based on fraud on the…
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Join FLexlaw to unlock all legal intelligence“The failure to allow plaintiff an opportunity to present additional evidence was error.”
Court's explanation of why the trial court's dismissal without a hearing violated procedural due process.
After the plaintiff rested his case, the defense renewed its motion for summary dismissal alleging fraud, claiming the plaintiff had lied under oath a…
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BENTON, J.
After the plaintiff had rested, the defense renewed its motion for summary dismissal on grounds of fraud, alleging that the plaintiff had lied under oath. The trial court, which had denied the original motion before the trial began, initially took the renewed motion under advisement, and the case went to the jury, which returned a verdict for the defendants. Then, rather than enter judgment on the verdict, the trial court entered judgment solely “PURSUANT to the Court’s Order dismissing Plaintiffs case for fraud upon the Court.”
The trial court ruled that the plaintiffs “conscious scheme ... to enhance the value of his case by misrepresenting his physical limitations under oath” constituted a fraud on the court. It reached this conclusion on the basis of the evidence adduced at the trial, and at the earlier hearing on defendant’s motion to dismiss for fraud. The court denied plaintiffs repeated requests for a new, separate evidentiary hearing. The failure to allow plaintiff an opportunity to present additional evidence was error. See Furst v. Blackman, 744 So. 2d 1222, 1224-25 (Fla. 4th DCA 1999). Accordingly, we reverse and remand for further proceedings. On remand the trial court may simply enter judgment on the verdict. If the trial court concludes sanctions are appropriate, the parties are entitled to put on additional evidence, after proper notice, prior to sanctions being imposed. In the event of such an evidentiary hearing, the trial court may consider all matters of record along with any evidence adduced at the additional hearing.
Reversed and remanded.
ALLEN, C.J., and HAWKES, J., CONCUR.
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Citator
Cited By
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Riley v. Assocs. Home Equity Servs., Inc., 850 So. 2d 661 (Fla. 1st DCA 2003)…Ins. Co., 846 So. 2d 572 (Fla. 1st DCA 2008). Before sanctions may be imposed, the person being sanctioned must be given notice and an opportunity to be heard. See generally Martin v. State, 747 So. 2d 886 (Fla.2000); Stephens v. Bay Medical Center, 839 So. 2d 858 (Fla. 1st DCA 2003). In this case, Home Equity’s Motion and both Notices of Hearing were sent to Appellant at the address he provided. The trial court may conclude Appellant received notice and, had Appellant chosen to attend the hearing, he would…
Authorities Cited
- Furst v. Blackman, 744 So. 2d 1222 (Fla. 4th DCA 1999)