112 So. 3d 146
Fla. Dist. Ct. App.2013Background
- Gautreaux sues Maya for negligence from a car accident, alleging migraine-related injuries.
- Maya moves to dismiss the case for fraud on the court based on Gautreaux’s deposition and physician statements claiming no prior headaches.
- Evidence shows Gautreaux testified she never had headaches before the accident; a neurologist’s report notes pre-existing headaches; an intake form recalls “per pt never had before.”
- Prior medical history indicates frequent headaches two years before the accident; a year-before ER visit documented migraines.
- Gautreaux later claimed confusion about the headaches question and recalled one prior episode of a severe headache; trial court dismissed with prejudice for fraud on the court.
- Appellate court reverses, stating the standard requires clear and convincing evidence of a scheme to evade discovery; the facts here do not meet that narrow standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether misrepresentations about prior headaches justify dismissal for fraud on the court | Gautreaux’s misrepresentation shows fraud | Maya argues sufficient conduct to dismiss | No; not shown a scheme to evade discovery; abuse of discretion not warranted. |
Key Cases Cited
- Perrine v. Henderson, 85 So.3d 1210 (Fla. 5th DCA 2012) (requires clear and convincing evidence for dismissal for fraud; cautious standard)
- Sun v. Aviles, 53 So.3d 1075 (Fla. 5th DCA 2010) (fraud dismissal is narrow; misrepresentations alone insufficient)
- Bologna v. Schlanger, 995 So.2d 526 (Fla. 5th DCA 2008) (testimonials discrepancies not enough; need central fraud)
- Villasenor v. Martinez, 991 So.2d 433 (Fla. 5th DCA 2008) (abuse of discretion limited when not blatant fraud)
- Ruiz v. City of Orlando, 859 So.2d 574 (Fla. 5th DCA 2003) (appellate review narrowed when no live testimony)
- Cox v. Burke, 706 So.2d 48 (Fla. 5th DCA 1998) (standard described as narrow and stringent)
- Gehrmann v. City of Orlando, 962 So.2d 1059 (Fla. 5th DCA 2007) (supports cautious-use of dismissal for fraud)
- Suarez v. Benihana Nat’l of Fla. Corp., 88 So.3d 349 (Fla. 3d DCA 2012) (recognizes heightened evidence standard for fraud-on-court)