MICHAEL ROMERO, APPELLANT,
v.
MARTIN HARBIN, INDIVIDUALLY, AND BUGGY BUS, INC., A FLORIDA CORPORATION, APPELLEES

Fla. 3d DCA | 2004-04-07
No. 3D03-2820
Before SCHWARTZ, C.J., and COPE and SHEVIN, JJ.
876 So. 2d 1 Florida District Court of Appeal, Third District (2004) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Michael Romero appeals an order dismissing his personal injury action. The trial court granted the appellees’ motion to dismiss for fraud, finding that there had been material misrepresentations and omissions regarding his previous medical history, educational attainment, and previous work history. We affirm on authority of Long v. Swofford, 805 So. 2d 882 (Fla. 3d DCA 2001).

Affirmed.

COPE and SHEVIN, JJ., concur.

Dissent
SCHWARTZ, Chief Judge

SCHWARTZ, Chief Judge

(dissenting).

As in Long v. Swofford, 805 So. 2d 882, 884 (Fla. 3d DCA 2001)(dissenting opinion), I would reverse because the punishment visited on the very-much-less-than-candid Mr. Romero — depriving him of a plainly meritorious claim for a serious and objective injury — is far too severe for his offense.


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  • Captain Papadopoulos v. Cruise Ventures Three Corp., 974 So. 2d 418 (Fla. 3d DCA 2007)
    …right to proceed); Mendez v. Blanco, 665 So. 2d 1149, 1150 (Fla. 3d DCA 1996) (affirming trial court’s dismissal of the plaintiffs complaint where the plaintiff committed serious misconduct by repeatedly lying under oath); see also Romero v. Harbin, 876 So. 2d 1, 1 (Fla. 3d DCA 2004); Long v. Swofford, 805 So. 2d 882, 884 (Fla. 3d DCA 2001); Rosenthal v. Rodriguez, 750 So. 2d 703, 704 (Fla. 3d DCA 2000). We entirely agree with the trial court that Papadopoulos has forfeited his right to seek redress from h…

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