ELIZABETH NESBITT
v.
SAFEPOINT INSURANCE COMPANY
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A trial court properly dismisses a cause of action when the plaintiff makes material misrepresentations and omissions in discovery regarding facts central to the claim.
[1] A trial court has a duty to dismiss a cause of action when the plaintiff makes material misrepresentations or omissions in discovery regarding facts central to the claim,…
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Join FLexlaw to unlock all legal intelligence“plaintiff's misrepresentations and omissions about her accident and medical history in interrogatories and in deposition went to the heart of her claim and subverted the integrity of the action”
Citation to Metro. Dade Cnty. v. Martinsen, 736 So. 2d 794, 794-95 (Fla. 3d DCA 1999)
Elizabeth Nesbitt appealed a dismissal of her insurance claim against SafePoint Insurance Company. The trial court dismissed the case based on Nesbitt…
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Third District Court of Appeal State of Florida
Opinion filed January 14, 2026. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-681 Lower Tribunal No. 15-30190-CA-01 ________________
Elizabeth Nesbitt, Appellant,
vs.
SafePoint Insurance Company, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, David Craig Miller, Judge.
Giasi Law, P.A., and Melissa A. Giasi (Tampa), for appellant.
Bickford & Chidnese, LLP, and Patrick M. Chidnese and Frieda C. Lindroth (Tampa), for appellee.
Before FERNANDEZ, LOGUE and GORDO, JJ.
PER CURIAM.
Affirmed. See Metro. Dade Cnty. v. Martinsen, 736 So. 2d 794, 794-95 (Fla. 3d DCA 1999) (concluding that “trial court abused its discretion in failing
2 to dismiss the case” where “plaintiff’s misrepresentations and omissions about her accident and medical history in interrogatories and in deposition went to the heart of her claim and subverted the integrity of the action”); Long v. Swofford, 805 So. 2d 882, 884 (Fla. 3d DCA 2001) (“A trial court has a duty and an obligation to dismiss a cause of action based upon fraud.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities 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)