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DIAZ v. HOME DEPOT USA, INC.

No. 3D13-1024.

137 So.3d 1195 (2014)

Eileen DIAZ, Appellant, v. HOME DEPOT USA, INC., etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

April 16, 2014.

Attorney(s) appearing for the Case

Wasson & Associates, Chartered, and Erin E. Pogue ; Anidjar & Levine, P.A. (Ft. Lauderdale), for appellant.

Hightower, Stratton, Wilhelm, Novigrod & Kantor, and Nicholas D. Mermiges ; Cole, Scott & Kissane, P.A., and Scott Cole and Kathryn L. Smith , for appellees.

Before WELLS, EMAS and SCALES, JJ.

SCALES, J.

Appellant, Eileen Diaz, appeals from an order dismissing her case with prejudice on the basis of fraud on the court.

For procedural reasons, we remand for an evidentiary hearing. See Medina v. Fla. E. Coast Ry., L.L.C., 866 So.2d 89, 90 (Fla. 3d DCA 2004) (stating dismissal as a sanction should be employed only after a plaintiff has been given fair notice and an opportunity to be heard and reversing where...

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