DEREK H. COLLINS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• Sonny Ramey and Vicky Ramey v. Haverty Furniture Cos., Inc., 993 So. 2d 1014 (Fla. 2d DCA 2008)
  …re distinguishable because they presented circumstances that were ambiguous and thus provided no warrant for concluding that a clear showing of fraud had been made. See Laschke, 872 So. 2d at 346; Gehrmann, 962 So. 2d at 1060-61; Amato v. Intindola, 854 So. 2d 812 (Fla. 4th DCA 2003). And some of the cases are distinguishable on the ground that they involved misrepresentations that related to collateral matters rather than to the core of the case. See Howard, 959 So. 2d at 314; Laschke, 872 So. 2d at 345-46;…
• Aurelia Ruiz v. City OF Orlando, 859 So. 2d 574 (Fla. 5th DCA 2003)
  …the most extreme cases, where it appears that the process of trial has itself been subverted, factual inconsistencies, even false statements are well managed through the use of impeachment and traditional discovery sanctions. See Amato v. Intindola, 854 So. 2d 812 (Fla. 4th DCA 2003). The record in this case does not demonstrate clearly and convincingly a knowing and unreasonable scheme to interfere with the judicial system’s ability to impartially adjudicate the claim of Mrs. Ruiz. Id. We accordingly reverse…
• Bologna v. Schlanger, 995 So. 2d 526 (Fla. 5th DCA 2008)
  …made exclusively on a comparison of the records of Dr. Lynch and the answers to very limited deposition questions. Having reviewed the same material examined by the trial court, we are unable to say that the Cox test was met. See Amato v. Intindola, 854 So. 2d 812 (Fla. 4th DCA 2003). Finally, we note that the deposition examination was very broad in scope with virtually no follow-up questions. Bologna asserts on appeal that the defense was already in possession of the records of Dr. Lynch when Bologna’s dep…

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Authorities Cited

• Am. Sightseeing Tours, Inc. v. Gerda Jackson, 634 So. 2d 175 (Fla. 3d DCA 1994)
• Thomas v. State, 634 So. 2d 175 (Fla. 1st DCA 1994)