HOWARD v. RISCH

No. 2D06-2572.

959 So.2d 308 (2007)

Theron D. HOWARD, Jr., individually and as guardian of Elizabeth Howard, Anthony Howard, and Thomas Howard, Appellants, v. Steven Vern RISCH, JR Distributors, and Michael Workman, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 6, 2007.


Attorney(s) appearing for the Case

James R. Wilson of Johnson, Auvil, Brock & Wilson, P.A., Dade City, for Appellant.

Christopher B. Hopkins and Allison S. Miller-Bernstein of Cole, Scott & Kissane, P.A., West Palm Beach, for Appellees Steven Vern Risch and JR Distributors.

Beth M. Gordon of Parrillo, Weiss & O'Halloran, Boca Raton, for Appellee Michael Workman.


ALTENBERND, Judge.

Theron D. Howard, Jr., individually and for his children, appeals an order dismissing an automobile negligence action involving two separate accidents. The trial court dismissed the lawsuit as a sanction, stating that it had found by clear and convincing evidence that Mr. Howard had "evidenced a deliberate and purposeful attempt to deceive the Court." We reverse. The minimal amount of admissible evidence before the court did not authorize the court...

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