PICHS v. MURTON ROOFING INC.

No. 3D01-2961.

831 So.2d 1282 (2002)

Concepcion PICHS, and Julio Pichs, her Husband, Appellants, v. MURTON ROOFING INC., and Carlos Alberto-Rodriguez, Jointly and Severally, Appellees.

District Court of Appeal of Florida, Third District.

December 18, 2002.


Attorney(s) appearing for the Case

Quinn Serralta & Quinn; Philip Parrish, for appellants.

Richard A. Sherman, Fort Lauderdale; J. Robert Miertschin, Jr., Hollywood, for appellees.

Before LEVY, SHEVIN and RAMIREZ, JJ.


SHEVIN, Judge.

Concepcion and Julio Pichs appeal an order dismissing their complaint based on fraud. We reverse.

We are mindful that "a trial court has the inherent authority to dismiss a law action when fraud has been perpetrated on the court.... [However,] this power should be cautiously and sparingly exercised and only upon a clear showing of fraud, pretense, collusion, or similar wrongdoing." Simmons v. Henderson, 745 So...

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