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KUBEL v. SAN MARCO FLOOR & WALL, INC.

No. 2D06-5514.

967 So.2d 1063 (2007)

Hannelore KUBEL, Appellant, v. SAN MARCO FLOOR & WALL, INC., Appellee.

District Court of Appeal of Florida, Second District.

November 7, 2007.

Attorney(s) appearing for the Case

William D. Keith and John Thomas Cardillo of Cardillo, Keith & Bonaquist, P.A., Naples, for Appellant.

Hinda Klein and Doreen E. Lasch of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schaefer, P.A., Hollywood, for Appellee.

CASANUEVA, Judge.

Hannelore Kubel sued San Marco Floor & Wall for damages she suffered in a fall allegedly caused by San Marco's negligence. The circuit court dismissed her complaint, finding that she had committed fraud on the court. We reverse the dismissal and remand for further proceedings.

The circuit court's basis for dismissing Mrs. Kubel's action was that her husband had asked the surgeon who treated his wife after the fall to revise a written...

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