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SAENZ v. PATCO TRANSPORT, INC.

No. 5D07-646.

969 So.2d 1145 (2007)

Benjamin SAENZ, Appellant, v. PATCO TRANSPORT, INC., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

November 16, 2007.

Attorney(s) appearing for the Case

Bill J. McCabe, Longwood, and Chadwick J. Lawrence, Kissimmee, for Appellant.

M. Jennifer Moorhead, of Hassell, Moorhead & Carroll, Daytona Beach, for Appellee.

PER CURIAM.

Benjamin Saenz appeals an order dismissing his personal injury action with prejudice. The trial court dismissed the action after finding that Saenz' repeated attempts during discovery to conceal material facts related to his medical condition and work history amounted to a fraud on the court. Dismissal for fraud is only warranted "where `it can be demonstrated, clearly and convincingly, that a party has sentiently set in motion some unconscionable scheme...

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