Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Evelina ROSENTHAL and Vladimir Rosenthal, Appellants, v. Eugenio RODRIGUEZ, Appellee.
Based upon the repeated and pervasive perjurious statements made by the appellant/plaintiff, Evelina Rosenthal, on matters central to her personal injuries action against the appellee, Eugenio Rodriguez throughout the course of discovery and trial, we cannot conclude that the trial court abused its discretion when it exercised its inherent authority to strike her pleadings and dismiss her cause with prejudice. Courts throughout this state have repeatedly held “ ‘that a party who has been guilty of fraud or misconduct in the prosecution or defense of a civil proceeding should not be permitted to continue to employ the very institution it has subverted to achieve her ends.’ ” Metropolitan Dade County v. Martinsen, 736 So.2d 794, 795 (Fla. 3d DCA 1999)(quoting Hanono v. Murphy, 723 So.2d 892, 895 (Fla. 3d DCA 1998)); see also Cox v. Burke, 706 So.2d 43, 47 (Fla. 5th DCA 1998); O'Vahey v. Miller, 644 So.2d 550, 551 (Fla. 3d DCA 1994); Kornblum v. Schneider, 609 So.2d 138, 139 (Fla. 4th DCA 1992). Moreover, since Evelina's main claim in this cause stands dismissed, so too must Vladimir Rosenthal's derivative claim for loss of consortium. See Faulkner v. Allstate Ins. Co., 367 So.2d 214, 217 (Fla.1979); AC & S, Inc. v. Redd, 703 So.2d 492, 494 (Fla. 3d DCA 1997). Finally, upon the proper and commendable confession of error by the appellee, we must reverse the court's dismissal of Vladimir's separate and non-derivative claim for property damage to his vehicle. See Sinatra v. Ikaros Aviation, Inc., 723 So.2d 358, 359 (Fla. 3d DCA 1998); Smith v. Spitale, 675 So.2d 207, 210 (Fla. 2d DCA 1996); Bird v. Hardrives of Delray, Inc., 644 So.2d 89, 90 (Fla. 4th DCA 1994).
Affirmed in part and reversed and remanded in part.
PER CURIAM.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 3D99-213.
Decided: January 12, 2000
Court: District Court of Appeal of Florida,Third District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)