10 Fla. L. Weekly Supp. 456b
Insurance — Complaint stricken and case dismissed with prejudice where plaintiff perpetrated fraud on court by misrepresenting and omitting information regarding lost wage and loss of earning capacity claim in discovery responses and complaint
MIGUEL A. CALDERON, Plaintiff, vs. MGA INSURANCE COMPANY, INC., Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 02-004789 COLE (54). Florida Bar No. 869155. March 28, 2003. Zebedee W. Wright, Judge. Counsel: Jacqueline G. Emanuel, Riley, Knoerr & Emanuel, Fort Lauderdale. James Dusek.
ORDER ON DEFENDANT’S VERIFIED MOTION TO STRIKE PLAINTIFF’S PLEADINGS
THIS CAUSE having come before the Honorable Zebedee Wright on February 5, 2003 on Defendant’s Verified Motion to Strike Plaintiff’s Pleadings and after the Court having heard argument of counsel and the Court being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED as follows:
1. The Court finds that the plaintiff has perpetrated a fraud upon this Court when he misrepresented and omitted information regarding his lost wage and loss of earning capacity claim in his discovery responses and complaint.
2. Based upon the authority of Savino v. Florida Drive-in Theater Management, Inc., 697 So.2d 1011 (Fla. 4th DCA 1997); Kornblum v. Schneider, 609 So.2d 138 (Fla. 4th DCA 1992); Metropolitan Dade County v. Martinsen, 376 So.2d 794 (Fla. 3rd DCA 1999); DeSimone v. Old Dominion Insurance Company, 740 So.2d 1233 (Fla. 4th DCA 1999); St. John Medical Plans, Inc. v. Physician Corporation of America, 711 So.2d 1329 (Fla. 3rd DCA 1998); Furst v. Blackman, 819 So.2d 222 (Fla. 4th DCA 2002), the plaintiff’s pleadings are hereby stricken.
3. It is ordered and adjudged that the defendant’s Verified Motion to Strike Plaintiff’s Pleading is GRANTED and the case is hereby dismissed with prejudice.
4. The Court retains jurisdiction to consider attorneys fees and costs to be awarded to the Defendant.
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