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GRANADOS v. ZEHR

No. 5D07-515.

979 So.2d 1155 (2008)

Patricia GRANADOS, Appellant, v. Marianne ZEHR and Sonja S. Zehr, Appellee.

District Court of Appeal of Florida, Fifth District.

April 18, 2008.

Attorney(s) appearing for the Case

Jose F. Garcia of Udowychenko & Garcia, P.A., Kissimmee, for Appellant.

Nicholas P. Evangelo, of Thompson, Recksiedler and Evangelo, P.A., and Elizabeth C. Wheeler, of Elizabeth C. Wheeler, P.A., Orlando, for Appellee.

MONACO, J.

The sole issue in this appeal is whether the trial court erred in dismissing with prejudice a personal injury action filed by the plaintiff, Patricia Granados, based on her purported fraud on the court. The fraud was founded on certain responses given by Ms. Granados to discovery propounded by the appellees, Marianne Zehr and Sonja S. Zehr. Because the disputed responses to discovery are insufficient to impose the ultimate sanction of dismissal with prejudice...

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