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Romero v. Harbin

Citations: 876 So. 2d 1; 2004 Fla. App. LEXIS 4583; 2004 WL 735858Docket: No. 3D03-2820

Court: District Court of Appeal of Florida; April 7, 2004; Florida; State Appellate Court

Narrative Opinion Summary

Michael Romero's appeal of a trial court order dismissing his personal injury action was denied. The dismissal was based on the appellees' successful motion citing fraud, which was supported by findings of material misrepresentations and omissions in Romero's medical history, educational background, and work history. The appellate court affirmed the dismissal, referencing the precedent set in Long v. Swofford, 805 So.2d 882 (Fla. 3d DCA 2001). Judges COPE and SHEVIN concurred with the decision.

Legal Issues Addressed

Appellate Affirmation Based on Precedent

Application: The appellate court affirmed the trial court's dismissal by applying the precedent established in a previous case.

Reasoning: The appellate court affirmed the dismissal, referencing the precedent set in Long v. Swofford, 805 So.2d 882 (Fla. 3d DCA 2001).

Dismissal of Personal Injury Action for Fraud

Application: The court dismissed Michael Romero's personal injury action due to findings of fraud involving material misrepresentations and omissions.

Reasoning: The dismissal was based on the appellees' successful motion citing fraud, which was supported by findings of material misrepresentations and omissions in Romero's medical history, educational background, and work history.