CHARLES MEDINA, APPELLANT,
v.
FLORIDA EAST COAST RAILWAY, L.L.C., APPELLEE
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Charles Medina appealed the dismissal of his personal injury lawsuit for discovery violations. The Florida Third District Court of Appeal reversed the dismissal, holding that the trial court abused its discretion by imposing the severe sanction of dismissal without first granting Medina's request for an evidentiary hearing to explain the discovery violations.
The court reversed the dismissal, holding that although the trial court had broad discretion to impose sanctions for discovery abuses, it abused that discretion by imposing the ultimate sanction of dismissal without first granting Medina's request for an evidentiary hearing where he could appear in person and explain the discovery violations.
[1] A trial court has broad discretion in imposing sanctions for discovery violations.
[2] Dismissal of an action is an extreme sanction that should only be employed in severe circumstances.
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Establishes the legal standard that dismissal is an extreme sanction requiring both extreme circumstances and fair process
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Join FLexlaw to unlock all legal intelligenceMedina, an employee of Florida East Coast Railway, suffered injuries to his left knee and back in a November 1999 on-the-job accident while connecting…
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[*90] PER CURIAM.
Charles Medina (“Medina”) appeals from an order dismissing his personal injury claims for discovery violations which were found to have pervaded the proceedings. We reverse on the sole ground that Medina should have been afforded the opportunity, requested by him through counsel at the hearing, to appear in person and explain the discovery violations which were the basis for the dismissal.
Medina was employed by the Florida East Coast Railway (“FEC”). In November of 1999, Medina was involved in an on the job accident while he was connecting an air hose between two boxcars. Medina alleged that the accident caused injuries to his left knee and back. Medina brought a claim against FEC under the Federal Employer’s Liability Act, the Locomotive Inspection Act, and the Safety Appliances Act. After discovery, FEC moved to dismiss Medina’s claim on the grounds that he had repeatedly lied under oath concerning prior workers’ compensation claims, a prior motor vehicle accident, prior injuries, and prior psychological treatment. The court heard arguments on FEC’s motions, but refused Medina’s request to conduct an evidentiary hearing. The trial court found that Medina “gave false, misleading and incomplete answers during discovery of such severity that he [had] committed a fraud upon the court” and entered an order dismissing his claim with prejudice. For the following reasons, we reverse.
We recognize that a trial court has broad discretion when imposing sanctions arising from serious abuses of the judicial process. Tramel v. Bass, 672 So. 2d 78, 82 (Fla. 1st DCA 1996). A trial court has the inherent authority to dismiss an action when it finds that a plaintiff has perpetrated a fraud on the court. Cox v. Burke, 706 So. 2d 43, 46 (Fla. 5th DCA 1998); Tri Star Invs., Inc. v. Miele, 407 So. 2d 292, 293 (Fla. 2d DCA 1981). However, due to the severity of dismissal as a sanction, it should only be employed in extreme circumstances, Cox, 706 So. 2d at 46, and only after the plaintiff has been given fair notice and an opportunity to be heard. Sklandis v. Walgreen Co., 832 So. 2d 942, 943 (Fla. 3d DCA 2002).
Although Medina received fair notice and the court heard arguments on FEC’s motions, under these circumstances, the court abused its discretion by imposing the ultimate sanction without first taking the additional step of granting Medina’s request for an evidentiary hearing, so as to give him the opportunity to appear in person and possibly explain the discovery violations which were the basis for the dismissal.
Accordingly, the order granting FEC’s motion to dismiss is reversed and the case remanded for an evidentiary hearing on the motion.
Reversed and remanded.
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Isaac v. Green Iguana, Inc., 871 So. 2d 1004 (Fla. 1st DCA 2004)…ur before the JCC. In either event, a fact-finding hearing must be held providing the claimant notice and an opportunity to be heard. Id.; accord CDL v. Corea, 867 So. 2d 639 (Fla. 1st DCA 2004); compare Medina v. Florida East Coast Railway, L.L.C., 866 So. 2d 89 (Fla. 3d DCA 2004)(due to the severity of dismissal as a sanction for a plaintiffs perpetration of fraud on the court, employee was entitled to notice and an opportunity to be heard and court should have granted plaintiffs request for an evidentiary…
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Bologna v. Schlanger, 995 So. 2d 526 (Fla. 5th DCA 2008)…very of facts central to the case. This will almost always require an evidentiary hearing. See Howard v. Risch, 959 So. 2d 308, 312 (Fla. 2d DCA 2007); Myrick v. Direct Gen. Ins. Co., 932 So. 2d 392 (Fla. 2d DCA 2006); Medina v. Fla. East Coast Ry., 866 So. 2d 89 (Fla. 3d DCA 2004); Jacob v. Henderson, 840 So. 2d 1167 (Fla. 2d DCA 2003); Simmons v. Henderson, 745 So. 2d 1031 (Fla. 2d DCA 1999); Furst v. Blackman, 744 So. 2d 1222 (Fla. 4th DCA 1999). The trial court concluded, based on his review of the reco…1 / 2
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Diaz v. Home Depot USA, Inc., 196 So. 3d 504 (Fla. 3d DCA 2016)…a. Corp., 88 So. 3d 349, 352 (Fla. 3d DCA 2012) (internal citations omitted). “A trial court has the inherent authority to dismiss an action when it finds that a plaintiff has perpetrated a fraud on the court.” Medina v. Fla. East Coast Ry., L.L.C., 866 So. 2d 89, 90 (Fla. 3d DCA 2004). However, dismissal is appropriate only where “it is established by clear and convincing evidence ‘that a party has sentiently set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- COX v. Burke, 706 So. 2d 43 (Fla. 5th DCA 1998)
- TRI Star Invs., Inc. v. Miele, 407 So. 2d 292 (Fla. 2d DCA 1981)
- Tramel v. Runette J. Bass, 672 So. 2d 78 (Fla. 1st DCA 1996)
- Sklandis v. Walgreen Co., 832 So. 2d 942 (Fla. 3d DCA 2002)