Sledge v. Richards

Sledge v. Richards, 592 So. 2d 316 (Fla. Dist. Ct. App. 1991)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: December 31, 1991
Docket: Nos. 90-816, 90-633
Judges: Schwartz, C.J., and Baskin and Goderich
Citations: 592 So. 2d 3161991 WL 276878

Cited by 3

Opinion

592 So.2d 316 (1991)

Allen R. SLEDGE, Appellant/Appellee/Cross-Appellee,

George L. RICHARDS, M.D., Appellee/Appellant/Cross-Appellant.

Nos. 90-816, 90-633.

District Court of Appeal of Florida, Third District.

December 31, 1991. Rehearing Denied February 18, 1992.

Stinson, Lyons, Gerlin & Bustamante and Doug Lyons and Ian J. Kukoff, Miami, for appellant/appellee/cross-appellee.

Stephens, Lynn, Klein & McNicholas and Robert Klein and Debra J. Snow, Miami, for appellee/appellant/cross-appellant.

Before SCHWARTZ, C.J., and BASKIN and GODERICH, JJ.

PER CURIAM.

George L. Richards, M.D., appeals a nonfinal order denying his motion filed pursuant to Florida Rule of Civil Procedure 1.540(b). We reverse. "A party is not required to anticipate false testimony from an opposing party and a new trial is warranted on the ground of newly discovered evidence, where it is shown that the prevailing party gave or used false testimony." McFarlin v. Jack Eckerd Corp., 581 So.2d 181, 182 (Fla. 3d DCA 1991). The record establishes that in his testimony, plaintiff Allen Sledge misrepresented his employment status and his physical condition *317 at the time of trial. In addition, Sledge's expert testified in reliance on that inaccurate information. Thus, the trial court abused its discretion in failing to grant Dr. Richards' Rule 1.540(b) motion founded on Sledge's misrepresentation. See Alston v. Shiver, 105 So.2d 785 (Fla. 1958); Kline v. Belco, Ltd., 480 So.2d 126 (Fla. 3d DCA 1985), review denied, 491 So.2d 278 (Fla. 1986); Roberto v. Allstate Ins. Co., 457 So.2d 1148 (Fla. 3d DCA 1984); Fla.R.Civ.P. 1.540(b). For this reason, we reverse and remand for a new trial. Our resolution of this issue renders it unnecessary to reach the remaining issues. We note, however, that it was improper for plaintiff's counsel to "assert[] his personal opinion as to ... the justness of his client's cause... ." Maercks v. Birchansky, 549 So.2d 199, 199 (Fla. 3d DCA 1989); Miami Coin-O-Wash, Inc. v. McGough, 195 So.2d 227 (Fla. 3d DCA 1967).

Reversed and remanded.

How later courts describe this case

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Cited by 3 cases

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State Appellate Courts3

Relies on it most ⓘ

ACandS, Inc. v. Redd703 So. 2d 492 (Fla. Dist. Ct. App. 1997)
Southern Trenching, Inc. v. Diago600 So. 2d 1166 (Fla. Dist. Ct. App. 1992)
Szczesny v. Goldenberg614 So. 2d 523 (Fla. Dist. Ct. App. 1992)

Most recent

ACandS, Inc. v. Redd703 So. 2d 492 (Fla. Dist. Ct. App. 1997)
Szczesny v. Goldenberg614 So. 2d 523 (Fla. Dist. Ct. App. 1992)
Southern Trenching, Inc. v. Diago600 So. 2d 1166 (Fla. Dist. Ct. App. 1992)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

Depth	Case	Cited by
	Alston v. Shiver, 105 So. 2d 785 (Fla. 1958)	29
	Miami Coin-O-Wash, Inc. v. McGough, 195 So. 2d 227 (Fla. Dist. Ct. App. 1967)	20
	Maercks v. Birchansky, 549 So. 2d 199 (Fla. Dist. Ct. App. 1989)	18
	Roberto v. Allstate Ins. Co., 457 So. 2d 1148 (Fla. Dist. Ct. App. 1984)	14
	Kline v. Belco, Ltd., 480 So. 2d 126 (Fla. Dist. Ct. App. 1985)	9
	McFarlin v. Jack Eckerd Corp., 581 So. 2d 181 (Fla. Dist. Ct. App. 1991)	3

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