CAPTAIN PAPADOPOULOS, APPELLANT,
v.
CRUISE VENTURES THREE CORP., ET AL., APPELLEES
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Captain Papadopoulos, a seaman, appealed the dismissal of his negligence action arising from injuries allegedly sustained during a severe storm at sea. The trial court dismissed the case based on fraud on the court due to Papadopoulos' material misrepresentations and omissions during discovery regarding his pre-existing medical conditions and prior litigation history.
The trial court properly dismissed Papadopoulos' negligence action. Papadopoulos forfeited his right to seek redress based on his material misrepresentations and omissions that went to the heart of his claims, which constituted fraud on the court and serious misconduct.
[1] A trial court may dismiss a plaintiff's lawsuit for fraud on the court, and such a dismissal is reviewed for an abuse of discretion.
[2] A plaintiff's material misrepresentations and omissions during discovery can lead to forfeiture of the right to pursue a claim.
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Join FLexlaw to unlock all legal intelligence“few crimes ... strike more viciously against the integrity of our system of justice than the crime of perjury”
Establishes the severe consequences of perjury and why courts will dismiss cases where litigants commit fraud on the court through sworn misstatements
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Join FLexlaw to unlock all legal intelligencePapadopoulos claimed he was injured when his vessel encountered a severe storm on December 17, 2000, resulting in the ship taking on water and a Coast…
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ROTHENBERG, Judge.
Captain Solon M. Papadopoulos (“Papa-dopoulos”), the plaintiff below, appeals a final order issued by the trial court dismissing his negligence action against Cruise Ventures Three Corp., International Shipping Partners, Inc., and DLJ Capital Funding, Inc. (collectively “the defendants”). We affirm.
Papadopoulos, a seaman, claims he was injured when the vessel he was working on encountered a severe storm and strong winds on December 17, 2000, resulting in the ship taking on water and in a U.S. Coast Guard rescue of those on board. The ship ultimately sank.
Papadopoulos claimed that as a result of this experience, he developed post-traumatic stress disorder and leukemia. In answers to interrogatories propounded by the defendants, Papadopoulos stated that prior to the subject accident, he was both medically and physically fit; was not taking any medicine or drugs; and denied being diagnosed and/or receiving any treatment for any of the ailments described in Dr. Karianakis’ report. Dr. Karianakis, a hematologist, was treating Papadopoulos for hairy cell leukemia. Additionally, Papadopoulos testified under oath in his deposition that he had not been treated for leukemia prior to the subject accident.
When Papadopoulos was questioned during his deposition regarding any pre-incident pension/disability litigation, he testified that he had never been involved in any litigation; he had not applied for nor received any disability benefits in Greece, his native country; and that he had not received any pension benefits in Greece.
An investigation performed by the defendants, however, revealed that prior to the subject accident, in December 2000, Papadopoulos had engaged in litigation in Greece regarding work-related injuries he sustained in 1995; he was diagnosed with hairy cell leukemia on November 4, 1995; and he was awarded a pension beginning on January 1, 1996, based upon a medical opinion finding that he was sixty-seven percent disabled. The litigation in Greece continued for years and involved protracted litigation and appeals that were ongoing during the instant litigation.
Based upon the ample record before us, we find that the trial court did not abuse its discretion in dismissing Papadopoulos’ lawsuit. See Bob Montgomery Real Estate v. Djokic, 858 So. 2d 371, 374 (Fla. 4th DCA 2003) (holding that the dismissal of a plaintiffs action for fraud on the court is reviewed under an abuse of discretion standard and the trial court’s findings will not be disturbed upon a clear showing of fraud, pretense, collusion, or similar wrongdoing); Metro. Dade v. Martinsen, 736 So. 2d 794, 796 (Fla. 3d DCA 1999) (Sorondo, J., concurring) (stating that “few crimes ... strike more viciously against the integrity of our system of justice than the crime of perjury,” and that based upon Martinsen’s misrepresentations and omissions regarding her medical history during the course of discovery, she had forfeited her 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 his claimed injuries based upon his material misrepresentations and omissions that go to the heart of his claims. We, therefore, affirm the trial court’s order dismissing Papadopoulos’ negligence action.
Affirmed.
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Sonny Ramey and Vicky Ramey v. Haverty Furniture Cos., Inc., 993 So. 2d 1014 (Fla. 2d DCA 2008)…interfered with the jury’s ability to adjudicate the issues.” 907 So. 2d at 701. Orders of dismissal for fraud on the court involving similar circumstances have been upheld in numerous cases. See, e.g., Papadopoulos v. Cruise Ventures Three Corp., 974 So. 2d 418 (Fla. 3d DCA 2007); Hutchinson v. Plantation Bay Apartments, LLC, 931 So. 2d 957 (Fla. 1st DCA 2006); Distefano v. State Farm Mut. Auto. Ins. Co., 846 So. 2d 572 (Fla. 1st DCA 2003); Long v. Swofford, 805 So. 2d 882 (Fla. 3d DCA 2001); Baker v. Myer…
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Empire World Towers, LLC v. CDR Créances, 89 So. 3d 1034 (Fla. 3d DCA 2012)…voices, and testified falsely regarding these actions, holding that “where a party perpetrates fraud on the court which permeates the entire proceedings, dismissal of the entire case is proper”); see also Papadopoulos v. Cruise Ventures Three Corp., 974 So. 2d 418, 419-20 (Fla. 3d DCA 2007) (“Papadopoulos has forfeited his right to seek redress for his claimed injuries based upon his material misrepresentations and omissions that go to the heart of his claims.”); Martinsen, 736 So. 2d at 794-95 (remanding for…
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Williams v. Miami-Dade Cnty. Pub. Health Tr., 17 So. 3d 859 (Fla. 3d DCA 2009)…he defendants’ actions was incredible. We review the trial court’s dismissal for fraud on the court for an abuse of discretion. Ramey v. Haverty Furniture Cos., 993 So. 2d 1014, 1018 (Fla. 2d DCA 2008); Papadopoulos v. Cruise Ventures Three Corp., 974 So. 2d 418, 419 (Fla. 3d DCA 2007). However, given the severity of the sanction of dismissal, this standard has been somewhat narrowed in application. See Ramey, 993 So. 2d at 1018 (noting that in reviewing a trial court’s dismissal for fraud on the court, app…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Metro. Dade Cnty. v. Martinsen, 736 So. 2d 794 (Fla. 3d DCA 1999)
- Caraballo v. State, 805 So. 2d 882 (Fla. 2d DCA 2001)
- Isidoro Mendez and Consuelo Mendez v. Blanco, 665 So. 2d 1149 (Fla. 3d DCA 1996)
- Jones v. State, 858 So. 2d 371 (Fla. 3d DCA 2003)
- Erron Bing v. State, 750 So. 2d 703 (Fla. 1st DCA 2000)
- Estate v. Noreen Djokic and Jeannette Teufel, 858 So. 2d 371 (Fla. 4th DCA 2003)
- Romero v. Harbin, 876 So. 2d 1 (Fla. 3d DCA 2004)