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IBARRA v. IZAGUIRRE

No. 3D07-2383.

985 So.2d 1117 (2008)

Francisco IBARRA, Appellant, v. Mario E. IZAGUIRRE and Continucare Corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied August 12, 2008.

Attorney(s) appearing for the Case

Ginsberg & Schwartz, and Arnold Ginsberg, Miami; Fernando Pomares, for appellant.

Alvarez, Sambol, Winthrop & Madson, and Griffith Winthrop, and Jennifer K. Birmingham, Orlando; Michael Shelley, Coral Gables, for appellees.

Before RAMIREZ, CORTIÑAS, and ROTHENBERG, JJ.

RAMIREZ, J.

Francisco Ibarra appeals the trial court's final order dismissing his complaint with prejudice for perjury and perpetration of fraud upon the court. Dismissal with prejudice is unreasonably harsh given the facts of the case, and we therefore reverse the trial court's order.

Ibarra filed suit against Continucare for injuries he sustained in an auto accident involving a vehicle owned by Continucare and driven by Izaguirre with the company's consent...

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