EILEEN DIAZ, APPELLANT,
v.
HOME DEPOT USA, INC., ETC., ET AL., APPELLEES

Fla. 3d DCA | 2016-07-13
No. 3D15-520
Before ROTHENBERG, EMAS and FERNANDEZ, JJ.
196 So. 3d 504 Florida District Court of Appeal, Third District (2016) Caution
Cited by 6 cases

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Holding

The appellate court affirmed the trial court's dismissal of the complaint with prejudice, finding no abuse of discretion in dismissing the action for fraud on the court.


Headnotes

[1] A trial court has the inherent authority to dismiss an action when it finds that a plaintiff has perpetrated a fraud on the court.

[2] Dismissal for fraud on the court requires clear and convincing evidence that a party intentionally engaged in an unconscionable scheme to interfere with the judicial syst…

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Facts & Procedural History

Plaintiff sued Home Depot for injuries sustained when a fire extinguisher fell on her. During discovery, she denied prior neck or shoulder injuries an…

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Opinion of the Court
EMAS, J.

EMAS, J.

Eileen Diaz appeals an order dismissing with prejudice her complaint against Home Depot USA, Inc. and A.B. Fire Equipment, Inc. for fraud ón the court. Having reviewed' the record below,' including Diaz’s deposition, her answers' to interrogatories and requests for admissions, and the transcript of the hearing held on. Home Depot’s motion to dismiss, we affirm the trial court’s order.

We review the trial court’s order under an abuse of discretion .standard, although “we do so with the understanding that this standard is ‘somewhat narrowed,’ as it must take into account the heightened standard of ‘clear and .convincing evidence’ upon which an order of dismissal for fraud on the court must be based.” Suarez v. Benihana Nat. of Fla. 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 impartially to adjudicate a matter by improperly influencing the trier of fact or unfairly hampering the presentation of the opposing party’s claim or defense.” Hair v. Morton, 36 So.3d 766, 769 (Fla. 3d DCA 2010) (quoting Cox v. Burke, 706 So.2d 43, 46 (Fla. 5th DCA 1998)).

Diaz sued Home Depot alleging she was injured in one of its 'stores when a fire extinguisher fell from the wall above her and hit her in the neck and shoulder. Diaz alleged she suffered permanent injuries to her neck and shoulder and sought both economic and noneconomic damages. In the course of pretrial discovery, including a deposition, Home Dépot questioned Diaz about her injuries, as well as whether she suffered ány prior néck or shoulder injuries. At éach point, Diaz denied .that she previously suffered ariy injury to her neck or back, and denied that she was ever involved (either before or after the Home Depot incident) in a slip and fall accident or a motor vehicle accident that required medical treatment.1'

However, after obtaining Diaz’s medical records, Home Depot discovered that just nine months prior to the Home Depot incident, Diaz had, in fact, been involved in a motor vehicle accident, was placed in a cervical collar, and was transported by ambulance to Homestead Hospital’s emergency room where she received treatment. Upon arrival at the emergency room, Diaz complained of, among other things, pain to her neck and upper back. Nurses’ notes showed Diaz described her pain level as ten-out of ten. The emergency room physician made a primary diagnosis of neck sprain, with a secondary diagnosis that included cervicalgia, headache, backache *506and muscle spasm. She was discharged eight hours later, with instructions not to work for two days, and was prescribed ibuprofen, Flexeril and Zantac.

Additionally, the medical records revealed that, less than seven months before the Home Depot incident (and just two months after the above-described accident), Diaz visited the emergency room again, complaining of neck pain and back pain. The medical history reflects that Diaz stated she passed out two days earlier, fell backwards and hit concrete. As reflected in the medical history, Diaz reported that she was experiencing “throbbing pain to neck and sharp pain to back. Back and neck pain increases with movement.” Diaz described her pain level as eight out of ten. She was at the hospital for more than six hours, diagnosed with a neck sprain, and was prescribed Percocet upon her discharge.

Finally, the medical records revealed that eight months after the Home Depot incident (and less than two months after filing 'the instant lawsuit), Diaz was involved in a single-car accident which required her to go the Homestead Hospital emergency room. According to the history provided by Diaz to the nurse, the accident occurred two weeks earlier. At that time, Diaz was driving a car at 120 miles per hour when it struck a divider and spun several times. The windshield on Diaz’s car broke, and there was a prolonged extraction of Diaz. Diaz was not wearing a seat belt, but was not ejected from the vehicle. However, she was not ambulatory at the scene of the accident. Diaz reported that she suffered severe pain to her right side for two weeks, and felt a knot to the same area that is growing worse. She described her pain level as ten out of ten.2 She also reported to the nurse that she had chronic neck pain since 2009. Diaz was taken to radiology for testing and was discharged four hours later, accompanied by a parent.

Home Depot filed a motion to dismiss Diaz’s complaint for fraud on the court. The trial court conducted an evidentiary hearing on the motion, at which Diaz testified and several documents were admitted in evidence. The court granted Home Depot’s motion to dismiss, finding, in a detailed, seventeen-page order, that, inter alia, Diaz provided false and misleading testimony and that the evidence shows “clearly and convincingly” that Diaz “has demonstrated a willingness to give false testimony under oath and has evinced a total and flagrant disregard for the integrity of the civil justice system;” has “engaged in a pattern of fraudulent misconduct designed to improperly bolster her claims and compromise [Home Depot’s] defenses;” leaving the court in “no doubt that [Diaz’s] conduct is intentional and designed for improper purposes.” The court *507further found that Diaz’s explanations for her false testimony were not credible. ,

We conclude that all of the trial court’s findings are amply supported by the record, and we find no abuse of discretion in its decision to dismiss Diaz’s complaint with prejudice, based upon a determination that the “evidence clearly and convincingly demonstrated that. [Diaz] ‘sentiently set in motion [an] unconscionable scheme calculated to interfere with the judicial system’s ability to impartially adjudicated a matter by improperly influencing the trier of fact or unfairly hampering the presentation of the opposing party’s claim or defense.’ Cox [v. Burke], 706 So.2d [43], at 46 [ (Fla. 5th DCA 1998) ].” See id. at 47 (holding that where plaintiff gave many false or misleading answers in sworn discovery on issues central to her case, the question was close enough that lower court could not be found to have abused its discretion, pointing out that “[a] system that depends on an adversary’s ability to uncover falsehoods is doomed to failure, which is why this kind of conduct must be discouraged in the strongest possible way”); Morgan v. Campbell, 816 So.2d 251, 253 (Fla. 2d DCA 2002) (quoting Mercer v. Raine, 443 So.2d 944, 946 (Fla.1983)) for the proposition that “‘the appellate court must fully recognize the superior vantage point of the trial judge and should apply the reasonableness test to determine whether the trial judge abused his discretion’ ”). See also Austin v. Liquid Distrib., Inc., 928 So.2d 521 (Fla. 3d DCA 2006) (reaffirming that when a plaintiff makes misrepresentations and omissions about her accident and medical history in interrogatories and in deposition, those misrepresentations and omissions go to the heart of her claim and subvert the integrity of her action); Long v. Swofford, 805 So.2d 882 (Fla. 3d DCA 2001) (noting that the “trial court has a duty and an obligation to dismiss a cause of action based on. fraud” where plaintiff concealed her pre-existing back injury, during deposition by stating she- had not received medical treatment for her back prior to the .accident); Leo’s Gulf Liquors v. Lakhani, 802 So.2d 337 (Fla. 3d DCA 2001) (finding dismissal not an abuse of discretion where plaintiffs corporate agents repeatedly lied under oath during depositions concerning issues material to the prosecution of the claims).

Affirmed.


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Cited By

  • Oracle Elevator Co. v. 8660 Bldg., LLC, 353 So. 3d 689 (Fla. 3d DCA 2023)
    …of Fla. Corp., 88 So. 3d 349, 352 (Fla. 3d DCA 2012). Although a severe sanction, “[a] trial court has the inherent authority to dismiss an action when it finds that a plaintiff has perpetrated a fraud on the court.” Diaz v. Home Depot USA, Inc., 196 So. 3d 504, 505 (Fla. 3d DCA 2016) (quoting Medina v. Fla. E. Coast Ry., L.L.C., 866 So. 2d 89 (Fla. 3d DCA 2004)). The party moving to dismiss an action based on fraud on the court has the burden to establish, “clearly and convincingly, that a party has sent…
  • Robinson v. Safepoint Ins. Co., 255 So. 3d 508 (Fla. 3d DCA 2018)
    …the Robinsons’ complaint with prejudice, the trial court found that the Robinsons set in motion an unconscionable scheme intended to render the trial court unable to properly adjudicate the action on the merits. See Diaz v. Home Depot USA, Inc., 196 So. 3d 504, 505 (Fla. 3d DCA 2016) (quoting Cox v. Burke, 706 So. 2d 43, 46 (Fla. 5th DCA 1998)) (stating that dismissal for perpetrating a fraud on the court is only appropriate where there is clear and convincing evidence that a party has sentiently set i…
  • …court is reviewed under an abuse of discretion standard. However, as a dismissal for fraud on the court must be based on clear and convincing evidence, the abuse of discretion standard is “somewhat narrowed.” See Diaz v. Home Depot USA, Inc., 196 So. 3d 504, 505 (Fla. 3d DCA 2016). Dismissal for fraud on the court is an extreme sanction that is appropriate only where “it is established by clear and convincing evidence ‘that a party has sentiently set in motion some unconscionable scheme calculated…

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