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HAIR v. MORTON

No. 3D08-1696.

36 So.3d 766 (2010)

Ruby HAIR, Appellant, v. Richard MORTON, Appellee.

District Court of Appeal of Florida, Third District.

May 12, 2010.

Attorney(s) appearing for the Case

Neufeld, Kleinberg & Pinkiert and David A. Kleinberg; Antoinette R. Appel, Tamarac, for appellant.

Kubicki Draper and Betsy E. Gallagher, Tampa, for appellee.

Before RAMIREZ, C.J., and GERSTEN and LAGOA, JJ.

LAGOA, J.

Ruby Hair appeals from the trial court's order dismissing her personal injury suit with prejudice as a sanction for fraud upon the court. For the following reasons, we reverse the trial court's order and remand for reinstatement of the action.

I. FACTUAL AND PROCEDURAL HISTORY

On November 10, 2004, a truck driven by Richard Morton ran a stop sign at a high rate of speed and collided with...

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