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JACOB v. HENDERSON

No. 2D01-5718.

840 So.2d 1167 (2003)

Wilma JACOB and Manuel Jacob, Appellants, v. Cal HENDERSON, Sheriff of Hillsborough County, Appellee.

District Court of Appeal of Florida, Second District.

March 28, 2003.

Attorney(s) appearing for the Case

Claude H. Tison, Jr., of The Swope Law Group, Tampa, for Appellants.

Thea G. Clark and Christopher C. Sabella, Tampa, for Appellee.

PER CURIAM.

Wilma Jacob and her husband Manuel Jacob appeal the trial court order that dismissed, with prejudice, their personal injury action against Cal Henderson, as sheriff of Hillsborough County. The trial court ruled that sworn deposition testimony of Mrs. Jacob, when compared to a surveillance video, constituted fraud on the court justifying dismissal with prejudice. We conclude dismissal with prejudice was too harsh a sanction and thus an abuse of discretion...

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