Comcast SCH Holdings, Inc. v. Rolling Greens MHP, L.P.
Docket: No. 5D03-90
Court: District Court of Appeal of Florida; January 8, 2004; Florida; State Appellate Court
Comcast SCH Holdings, Inc. appeals an order from the trial court granting Rolling Greens MHP, L.P.’s Amended Motion to Strike and entering a final judgment in favor of Rolling Greens. Comcast argues that the trial court abused its discretion by striking its complaint, denying the opportunity to amend pleadings, and ruling against it. The court found that Comcast’s complaint, filed for damages and injunctive relief, was fraudulent because it was revealed that the merger between Comcast SCH Holdings, Inc. and Comcast SCH Holdings, LLC had occurred over a year prior to the complaint's filing, and the LLC only qualified to do business in Florida on the day of the substitution motion. The trial court deemed Comcast's actions a fraud on the court and entered judgment for Rolling Greens. However, the appellate court concluded that the trial court erred by striking Comcast’s pleadings and entering judgment against it, noting that while Comcast’s filings may have been inaccurate, they were not proven to be palpably false. Instead, the court indicated that any penalties for the erroneous documents could be addressed under Florida Statutes § 57.105. The appellate court reversed the trial court's decision and remanded the case for further proceedings. Judges Griffin and Pleus concurred with the decision. Notably, Comcast’s attorney on appeal was not the attorney who represented it in the trial court.