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FURST v. BLACKMAN

No. 4D01-1823.

819 So.2d 222 (2002)

Henry FURST, Appellant, v. Alan BLACKMAN, Patsy Blackman, the Patsy Blackman Family Trust, by and through its known trustees, Noel Oliver Yorke, Diane Isobel Yorke, Jordana Blackman, Zachary Blackman, Alana Blackman, Noel Oliver Yorke, Diane Isobel Yorke, the Property Located at 9400/9500 N.W. 44th Street, Coral Springs, Florida, Stephen M. Beyer, individually and as trustee, and Chicago Title Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

June 5, 2002.

Attorney(s) appearing for the Case

Jack M. Coe of The Law Center, Coral Gables, for appellant.

Jeffrey P. Kaiser of the Law Offices of Jeffrey P. Kaiser, Coral Springs, for appellees Alan Blackman, Patsy Blackman, Jordana Blackman, Zachary Blackman, Alana Blackman, Noel Oliver Yorke, Diane Isobel Yorke, and The Patsy Blackman Family Trust by and through its Trustees Noel Oliver Yorke and Diane Isobel Yorke.

KLEIN, J.

The trial court granted defendant's motion to strike a sham pleading, dismissing plaintiff's complaint with prejudice, because plaintiff had "deliberately made contradictory and inconsistent statements in an effort to interfere with the orderly process" of the court. We reverse.

In 1995 plaintiff sued defendant Alan Blackman and others, alleging that he had wired $905,000 to the Patsy Blackman Family Trust to be invested in Medibar Medical Industries...

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