BERTRAND v. BELHOMME

No. 3D02-2547.

892 So.2d 1150 (2005)

Gisleine BERTRAND, Appellant, v. Anilus BELHOMME, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 2, 2005.


Attorney(s) appearing for the Case

Brian R. Hersh; and Arthur J. Morburger, Miami, for appellant.

Stephens Lynn Klein, and Robert M. Klein; and Marlene S. Reiss, Miami; and James M. Schiff, Miami, for appellee.

Before FLETCHER, RAMIREZ, and SHEPHERD, JJ.


RAMIREZ, J.

Gisleine Bertrand appeals the dismissal of her complaint with prejudice on the basis that she committed misconduct and fraud in the prosecution of the proceedings before the trial court. We reverse because the trial court relied mostly on fraudulent conduct in connection with a federal proceeding to dismiss the complaint with prejudice which would not support a dismissal of the state court action.

At issue in the underlying case is Bertrand's ownership...

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