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PENA v. CITIZENS PROPERTY INS. CO.

Nos. 2D10-2397, 2D11-1091.

88 So.3d 965 (2012)

Rita PENA and Reinaldo Pena, Appellants/Cross-Appellees, v. CITIZENS PROPERTY INSURANCE CO., a Florida governmental entity, Appellee/Cross-Appellant. Rita Pena and Reinaldo Pena, Appellants, v. Citizens Property Insurance Co., a Florida governmental entity, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 6, 2012.

Attorney(s) appearing for the Case

Shea T. Moxon of Swope, Rodante P.A., Tampa, for Appellants.

Andrew P. Rock and David R. Terry, Jr. , of The Rock Law Group, P.A., Maitland, for Appellee.

CASANUEVA, Judge.

In appeal number 2D10-2397, Rita Pena and Reinaldo Pena, wife and husband, appeal the trial court's dismissal with prejudice of their first-party insurance action against Citizens Property Insurance Company. The trial court's order of dismissal with prejudice rested upon its conclusion that the Penas had perpetrated a fraud upon the court warranting that ultimate sanction. We affirm the trial court's finding that the Penas perpetrated a fraud upon...

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