FRANCOIS v. HARRIS

No. 78-779.

366 So.2d 851 (1979)

Ostene FRANCOIS, Appellant, v. Dorothy HARRIS and Patrick Harris, Appellees.

District Court of Appeal of Florida, Third District.

January 30, 1979.


Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Arnold R. Ginsberg, Anthony Capodilupo, Miami, for appellant.

Walton, Lantaff, Schroeder & Carson and Joan S. Buckley, Miami, for appellees.

Before BARKDULL, KEHOE and SCHWARTZ, JJ.


SCHWARTZ, Judge.

Immediately after the plaintiff had testified as the first witness on his own behalf, the trial judge dismissed his personal injury action with prejudice on the ground that the case involved a scheme to perpetrate a fraud on the defendants' insurance company and on the court. We reverse.

The plaintiff was involved in an automobile accident, for which the defendants admitted liability, on Friday, July 30, 1976. According to his testimony at...

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