SUAREZ v. BENIHANA NAT. OF FLORIDA CORP.

No. 3D11-1626.

88 So.3d 349 (2012)

Jose and Anais SUAREZ, Appellant, v. BENIHANA NATIONAL OF FLORIDA CORP., Appellee.

District Court of Appeal of Florida, Third District.

May 9, 2012.


Attorney(s) appearing for the Case

Ricardo R. Corona and Carolina Corona , for appellant.

Klein Glasser Park Lowe & Pelstring and Michael Shelley , Miami, for appellee.

Before WELLS, C.J., and EMAS, J., and SCHWARTZ, Senior Judge.


EMAS, J.

This is an appeal from an order of the trial court dismissing with prejudice Appellants' second amended complaint, based upon a finding that Appellants perpetrated a fraud upon the court. For the following reasons, we reverse.

Appellants, Jose Suarez and Anais Suarez, filed a complaint (subsequently amended twice) against Benihana National of Florida Corporation ("Benihana") seeking damages for severe injuries they (and the four-year-old daughter...

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