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Raymond Galusha v. Lowes Home Centers, LLC, and Ann Shuler Waters
FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________
Case No. 5D2024-1507 LT Case No. 2018-CA-000763-A _____________________________
RAYMOND GALUSHA,
Appellant,
v.
LOWES HOME CENTERS, LLC, and ANN SHULER WATERS,
Appellees. _____________________________
On appeal from the Circuit Court for Citrus County. Edward L. Scott, Judge.
Raymond Galusha, Inverness, pro se.
Christopher J. Blain, of Vernis & Bowling of the Gulf Coast, P.A., Tampa, for Appellee, Lowes Home Centers, LLC.
No Appearance for Appellee, Ann Shuler Waters.
April 4, 2025
EDWARDS, C.J.
Appellant, Raymond Galusha, appeals the order and final judgment dismissing his personal injury case against Appellee, Lowes Home Centers, LLC. Following an evidentiary hearing, his case was dismissed because the trial court found that Appellant
committed fraud on the court.1 Put quite simply, he was found to have lied about matters permeating the entire case, matters that went to the very core of his case. His case was properly thrown out of court. Appellant gave three different dates on which the single injury-causing event, a claimed avalanche of garbage can lids, allegedly occurred. According to Appellee’s proof and the trial court’s findings—that event never occurred. Through fabrication, false testimony, and concealment, Appellant sentiently engineered and engaged in an unconscionable scheme to defraud Appellee and the judicial process by denying prior and subsequent relevant events, injuries, and treatment. We find that the evidence presented to and relied upon by the trial court was clear, convincing, and overwhelming; the court’s findings were all based on competent, substantial evidence. Appellant did not come forward with contrary proof or any reasonable explanation, despite having ample opportunity during the hearing on Appellee’s motion to dismiss.2 The depth and breadth of Appellant’s scheme to defraud infected every aspect of his claim; thus, dismissal of the entire case was absolutely appropriate. The trial court got it right on the facts, law, and remedy. See Aoude v. Mobil Oil Corp., 892 F.2d 1115, 1118 (1st Cir. 1989); McKnight v. Evancheck, 907 So. 2d 699, 700 (Fla. 4th DCA 2005); Cox v. Burke, 706 So. 2d 43, 46 (Fla. 5th DCA 1998). We affirm.
Because Appellant filed meritless briefs that failed to provide a scintilla of cogent analysis or argument, failed to supply an adequate record, and completely failed to show that the trial court abused its discretion or committed any legal error, we are sua sponte imposing sanctions pursuant to section 57.105, Florida Statutes (2024).
The Incredible Proceedings Below
To give a clear picture of the unconscionable conduct engaged in below by Appellant, we set forth in its entirety and adopt as part of our opinion the trial court’s order and final judgment dismissing Appellant’s case:
RAYMOND GALUSHA vs. LOWE'S HOME CENTERS, LLC LT. CASE NO: 2018 CA 000763 A DIVCA HT. CASE NO: 5D2024-1507 Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2024033279 BK: 3473 PG: 2237 6/5/2024 1:21 PM 3 Receipt: 2024029191
case with interrogatories, request for production, and depositions. On July 5, 2023, the Plaintiff's
prior attorney, Morgan and Morgan, moved to withdraw from her representation, “due to
irreconcilable differences.” The Plaintiffs has elected to remain “pro se” since that time. The
Plaintiff informed the court that his wife, Dr. Ann Shuler Waters, JD Ph.D. Co-Plaintiff, has a
law degree and apparently is not a member of the Florida Bar, is helping him in the case
Plaintiff, Galusha, testified that he and his wife have sued people in a car wreck in California and
went to trial pro se and won
The Court conducted an evidentiary hearing, as required by law, on May 6, 2024. At the
hearing, the Defendant argued the facts and law contained in the Defendant’s Motion. The
Plaintiffs offered no evidence in response to the issues raised in the motion. The Plaintiff spent
most of the hearing complaining about defense counsel in a dispute over whether there is video
from the store. Counsel for Lowes advised the court first, Lowes denies that this event even
happened and that there is no video from the isle where the Plaintiff alleges this happened. That
the Plaintiff, Galusha’s injuries are from a different event that did not occur at Lowes. The court,
after reviewing the evidence agrees
Analysis and Ruling
“A trial court has the inherent authority to dismiss a law action when fraud has been
perpetuated on the court.” Simmons v. Henderson,_745 So. 2d 1031, 1032 (Fla. 2d DCA
1999) (affirming this principle, as that “power is indispensable to the proper administration of
justice,” but that power “should be cautiously and sparingly exercised and only upon a clear
showing of fraud, pretense, collusion, or similar wrongdoing”); see also Cox v. Burke,_706 So.
2d 43, 46 (Fla. 5th DCA 1998). A court may only dismiss an action for fraud once an evidentiary
hearing has been held or there is other evidence to warrant dismissal. Howard v. Risch, 959 So.
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RAYMOND GALUSHAvs. LOWE'S HOME CENTERS, LLC LT. CASE NO: 2018 CA 000763 A DIV CA HT. CASE NO: 5D2024-1507 Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2024033279 BK: 3473 PG: 2238 6/5/2024 1:21 PM 4 Receipt: 2024029191
2d 308, 311 (Fla. 2d DCA 2007). Such a dismissal is one with prejudice. Saenz v. Pation
Transport, Inc., 969 So. 24 1145, 1145 (Fla. 5th DCA 2007); Cox,_706 So. 2d at 46,
Having reviewed the record, reviewing the exhibits and listened to the arguments of
Defendant's counsel and the Plaintiffs, the pro se litigants, at the evidentiary hearing, it is
apparent that there is a complete absence of evidence that the Plaintiff, Galusha, sustained an
injury inside the Defendant's store on December 22, 2017, the date alleged in his Complaint or
the other two dates the Plaintiff, Galusha, claims this happened, those being May 25, 2017 and
July of 2018. In fact, the medical evidence contradicts much, if not all the Plaintiff's sworn
testimony. The court has read the Defendant’s Motion, the exhibits A and C filed on April 5
2024, with the motion, the Plaintiff’s depositions dated December 11, 2019, and September 17,
2020. The other exhibits that were filed on April 9, 2024, including all the medical records which
support the dismissal in this case for fraud on the court
Plaintiff, Raymond Galusha, gave a deposition on December 11, 2019. He was
represented by counsel at the time. The testimony of the Plaintiff, Galusha, is that he went to
Lowes in July of 2018 around 9:00 am or 10:00 am, (Depo 12/11/19 pg.58, 59) to buy a garbage
can when this incident occurred. His complaint states at paragraph 6, this occurred on December
22, 2017. In the Plaintiff's sworn answers to interrogatories dated November 29, 2018, at
question 25, the Defendant, was asked to give the exact date and time of the incident. The
Defendant responded around 2:00-2:30 on 5/25/2017. The complaint uses December 22, 2017, as
the incident date. The complaint has never been amended.
In Plaintiff, Galusha’s first deposition dated December 11, 2019, he states that he has no
memory problems. (pg. 26 Ln 1-6) He testified that he picked out a garbage can and then found
the lids on a shelf at about the level of his eyes. He reached up with one hand took one off the
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RAYMOND GALUSHA vs. LOWE'S HOME CENTERS, LLC LT. CASE NO: 2018 CA 000763 A DIV CA HT. CASE NO: 5D2024-1507 Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2024033279 BK: 3473 PG: 2239 6/5/2024 1:21 PM 5 Receipt: 2024029191
top with one hand and the rest fell off the shelf and hit him in the face, hand and shoulder
causing him injury. (Pgs. 65-77)
Galusha testified that after the lids fell, an employee came over and started picking up the
lids. (pgs. 77,78) Shortly after, a manager came up and told the employee to leave. Galusha
wanted to call a paramedic. The manager told Galusha that there was no incident in the store and
that he would have to leave and that he (the manager) was not calling for a paramedic. (Pg
80,81) The manager told Galusha that he did not see any injuries on Galusha and that if he
wanted to call paramedics, he could call them himself. (pg. 85) Then two security guards showed
up and escorted Galusha out of the store. Galusha called for a paramedic while outside the store
According to Galusha, one of the security guards stayed with him. This security guard according
to Galusha, voluntarily made a statement to Galusha that the store had a meeting that morning
and discussed that the garbage can lids were a safety hazard. (pg. 81) Galusha described the
security guards as thugs, that they had on uniforms, and one had on a gun. (pg. 84) After a few
minutes being outside, the second security officer came back and told Galusha he would have to
leave the premises. That he could not wait in the parking lot. (pg.88) The second officer escorted
Galusha to his car. (pg. 95) Galusha then Jeft T.owes and drove straight to the hospital, which
turned out to be Citrus Memorial Hospital. Depo (pg. 97 Ln 14-25) Galusha was checked out at
Citrus Memorial Hospital for a sore neck and discharged and told to see his personal doctor the
next day, which he did.
Galusha, when ask about prior injuries to his neck, testified that he had a compression
fracture neck injury in 1978 jumping out of an airplane in the servicc. (pg. 129) He wore a neck
harness for a couple of days, medication for a couple of weeks, TENS unit. He was later
discharged. Then he was specifically ask the following
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RAYMOND GALUSHA vs. LOWE'S HOME CENTERS, LLC LT. CASE NO: 2018 CA 000763 A DIV CA HT. CASE NO: 5D2024-1507 Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2024033279 BK: 3473 PG: 2240 6/5/2024 1:21 PM 6 Receipt: 2024029191
Pg 130, Ln 12
Q. “Okay. Did you ever injure your neck again prior to the incident at Lowes.?”
A. “Never, not my neck
La. 22
Q. Did you ever go for medical treatment for your neck? Besides that incident in 1978,
have you gone for any other treatment for your neck prior to Lowes?
A. No
Galusha testified that Dr. Gelin has treated him five to seven years ago for stiffness in the
neck, from his original injury, but no additional injury was ever done to the neck prior to Lowes
(Pg. 132 Ln 3,9) Galusha denied that he has had any accidents where he suffered any injuries to
the neck prior to the incident at Lowes. (Pg 133 Ln 1,5)
Galusha testified that the only two injuries to his neck in his lifetime were the
incident in the service jumping out of the plane and the incident at Lowes. (Pg 133 Ln 6-15)
THE MEDICAL RECORDS
First the court finds that it is significant that according to Galusha based on his own
testimony, he left Lowes and drove straight to Citrus Memorial Hospital. The only medical
records show that Galusha was at admitted at Citrus Memorial are on February 28, 2017, at 7:04
am complaining of neck pain/injury. (Med red pg. 2 of 34) See also, patient sign in sheet that
states, “ H/O Cervical Fus, neck pain since Friday, S/P Tree Injury Struck Neck. Dated
2/28/2017 7:04 am. (med red 21 of 34) This doesn’t match any of the three dates Galusha has
sworn to in this case stating he was in Lowes. At 7:50 am Galusha is being treated by nurse
Melisa Medlin who notes in her assessment “pt here for neck pain after branch it (hit) left side of
neck. States he has had neck surgery in the past. (med red pg. 7 of 34) At 7:19 am Galusha is
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RAYMOND GALUSHAvs. LOWE'S HOME CENTERS, LLC LT. CASE NO: 2018 CA 000763 A DIV CA HT. CASE NO: 5D2024-1507 Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2024033279 BK: 3473 PG: 2241 6/5/2024 1:21 PM 7 Receipt: 2024029191
seen by Nurse Hanna Hogan. Hogan notes “pt states that he has had neck pain since Friday when
he got hit by a tree limb in the neck. Hx. Of broken neck per pt. (med red 23 Of 34)
At 7:39 Galusha is seen by the ED physician Dr. Malik Pottinger, OD. Dr. Pottinger
writes,
The patient presents with 61-year-old male presents to ED with neck pain onset 3 days ago Patient states that he was cutting down a tree when a branch hit him in the neck. Patient notes that he has an infusion between his 5" and 6 vertebrae. The onset was 3 days ago. The course/ duration of symptoms is constant. Location; cervical spine. Type of injury; direct blow. The location of where the incident occurred was at work. Radiation pain none
The court finds that this is totally contrary to Galusha 12/19/2017 deposition testimony
where he states there has only been two injuries to his neck. The one in the service in 1978 and
Lowes. See above
The next record from Citrus Memorial Hospital for this Defendant is dated May 7, 2017
at 10:57 pm. (med red 12 of 18) Complaining of head pain, stomach, and throwing up. Galusha
was seen by Nurse Jocelyn Wilkens at 11:49 pm. Wilkins noted as chief complaint from patient:
neck pain worse today that has been there for 3 days. denies trauma. Full range of motion. Feels
like “Charlie horse” in the neck
Galusha is seen by the ED physician, Bradresh Patel Pcp and or Dr. John Gelin, MD
After midnight on 05/08/2017. Chief complaints: Neck pain at the base of skull- muscle strain
intermittent x 3 weeks
Assessment: 1. Neck Pain, 2, Muscle spasms of neck, 3, Arthralgia. Galusha was given
medication and discharged. Here no mention of Lowes
Galusha next goes to the Citrus Spine Institute on May 28, 2017. There his chief
complaint is the following
é
RAYMOND GALUSHAvs. LOWE'S HOME CENTERS, LLC LT. CASE NO: 2018 CA 000763 A DIV CA HT. CASE NO: 5D2024-1507 Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2024033279 BK: 3473 PG: 2242 6/5/2024 1:21 PM 8 Receipt: 2024029191
The patient arrives today for evaluation of cervical spine radicular pain. He states that he was going to see me in May as he had significant cervicalgia been cutting down a tree. Last week however, he went to Lowes hardware store to get a trash can and he had a whole pile of lids fall on him from a height. He was struck in the face knocking out two teeth on the left side. He complained since that time of neck pain and throbbing as well a heaviness in his arms. He also complains of pain radiating down both arms. There are no alleviating factors. The severity of his pain is moderate at this time. There appears to be an acute inflammatory component going on. There is no diurnal timing When further questioned, the patient states that he had a history of neck issues as well when he was in the Armey and sustained some type of cervical spine fracture which may have resulted in a auto fusion. He states that he was in a cervical spine halo for a period for a period of 6 weeks. He is represented by Friggen and Friggen in Ocala.
Here, for the first time, Galusha does mention Lowes, but even here Galusha states he
had a significant cervicalgia cutting down a tree. The very thing he declined to tell defense
counsel. Then he makes the statement that the Lowes incident occurred last week. This is
nowhere near the only admission to Citrus Memorial on 02/28/2017 that Galusha swore he went
to from Lowes. Further, his description of the 1978 incident where he injured his neck is more
severe than what he told defense counsel in his sworn deposition. (Depo. Dec 2019 pg. 129)
Galusha last record visit with Citrus Spin Institute on November 8, 2019. (med red 1 of 3)
complaining of neck pain. He reports on that date that he was involved in a motor vehicle
accident, where he rear-ended another vehicle in Inverness on October 26, 2019. In the notes he
is post cervical fusion from C4-C6 in July 2017. Galusha denies being involved in this motor
vehicle accident in his deposition (September 2020 dep pg. 32 Lns. 12-20) Galusha told his
doctor he was involved in a previous lawsuit with Lowes when a trash can lid hit him on the
head
The court finds two things from this medical record. First, Galusha, according to the
above record, had a three-level cervical fusion in July of 2017. Galusha in his complaint, claims
the Lowes incident took place first on December 22, 2017, then in his deposition of December
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RAYMOND GALUSHA vs. LOWE'S HOME CENTERS, LLC LT. CASE NO: 2018 CA 000763 A DIV CA HT. CASE NO: 5D2024-1507 Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2024033279 BK: 3473 PG: 2243 6/5/2024 1:21 PM 9 Receipt: 2024029191
2019 he swears the incident at Lowes took place in July of 2018. Those two dates are not
possible, because he would have had the surgery before the dates, he claims it happened.
Then considering all Galusha’s above testimony, especially that Galusha testified that
when he was made to leave Lowes parking lot, he drove straight to Citrus Memorial Hospital for
treatment. Galusha’s only date left is May 25, 2017. There are no medical records submitted by
either party showing that Galusha went to Citrus Memorial Hospital as he testified that he did,
other than 02/28/2017
The only medical records showing Galusha went to the ED at Citrus Memorial Hospital
is on February 28, 2017, at 7:08 am. More import, is the fact that Galusha, only reports to the
medical staff at Citrus Memorial, that he hurt his neck cutting down a tree three days earlier
Nothing is mentioned at all about Lowes
Galusha, is asked repeatedly by defense counsel about other injuries to his neck in his
deposition on December 11, 2019. Galusha, repeatedly denies under oath of any injury to his
neck other than the alleged incident at Lowes and the injury in 1978. (Depo Dec. 2019 pg. 129
In. 16, pg. 133 In 18) Galusha never tells defense counsel about being injured when he was
cutting down a tree and injuring his neck in February of 2017
The overall evidentiary record demonstrates that the Plaintiff “has sentiently set in
motion an unconscionable scheme calculated to interfere with the judicial system's ability to
impartially adjudicate a matter by improperly influencing the trier of fact or unfairly hampering
the presentation of the opposing party's defense.” Cox, 706 So. 2d at 46 (quoting Aoude v. Mobil
Oil Corp., 892 F.2d 1115, 1118 (1st Cir. 1989)). This attempt to defraud the Court is sufficient to
warrant dismissal of the action.
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RAYMOND GALUSHA vs. LOWE'S HOME CENTERS, LLC LT. CASE NO: 2018 CA 000763 A DIV CA HT. CASE NO: 5D2024-1507 Ofticial Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2024033279 BK: 3473 PG: 2244 6/5/2024 1:21 PM 10 Receipt: 2024029191
In Cox, the plaintiff brought a legal malpractice suit against attorneys hired to represent
her in a medical malpractice case. 706 So. 2d at 44-46. At an evidentiary hearing on the
defendants’ motion to dismiss based on fraud, the defendants argued that false and inconsistent
information provided by the plaintiff prevented them from obtaining the necessary information to
adequately defend her medical malpractice claim and argued that the misrepresentations went
directly to the issue of damages. Jd. The Fifth District determined that the plaintiff perpetrated a
fraud on the court by bringing her fraudulent legal malpractice action based on the
misrepresentations that she made in her medical malpractice claim. Id. Similarly to Cox, it
appears that the Plaintiff, Galusha, not only gave recurrent false or misleading information not
only about the event, but also about the timeframe leading up to and after the event
The integrity of the civil judicial system is founded on truthfulness. Here, there are falsehoods
that are apparent from the depositions, interrogatories and medical records that are irreconcilable
with the Plaintiff's testimony, including the fact that the medical records clearly reflect that the
Plaintiff injured his neck cutting down a tree and went to the only admission at Citrus Memorial
on February 28, 2017. None of the dates Galusha says he was injured at Lowes. An event that
did not occur at Lowes. In short, Galusha’s own statements to the medical staff at Citrus
Memorial and Citrus Spine Institute plainly contradicts the Plaintiff's entire version of the events
It also shows Galusha’s attempt to conceal the motor vehicle accident in October of 2019 and the
tree injury to mislead the defense. Galusha ultimately had surgery on his hand after the motor
vehicle accident and blamed the injury on Lowes. (Depo Sept. 17, 2020, pg. 8 In. 12)
Furthermore, the Defendant has proven by clear and convincing evidence that the
Plaintiff's claim, that he was injured in the Defendant's store as alleged in his Complaint is
fabricated. The Defendant has demonstrated that the Plaintiff has willfully engaged in an
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RAYMOND GALUSHA vs. LOWE'S HOME CENTERS, LLC LT. CASE NO: 2018 CA 000763 A DIV CA HT. CASE NO: 5D2024-1507 Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #2024033279 BK: 3473 PG: 2245 6/5/2024 1:21 PM 11 Receipt: 2024029191
unconscionable scheme calculated to perpetrate a fraud upon the Court and calculated to
interfere with the judicial system's ability to impartially adjudicate the matter by attempting to
improperly influence the trier of fact. The Plaintiff's conduct in this case is distinguished from
those cases where plaintiffs have exhibited inconsistent discovery responses, non-disclosures,
poor recollection of past medical histories, etc., by the fact that Plaintiff's willful fabrication of
events reaches the very core of his alleged action. Here, the matters are not inconsistencies or
forgetfulness or even non-disclosures--they are fabrications which cannot be justified
considering the medical record and discovery evidence and record deposition testimony.
Appellate courts throughout Florida have reversed dismissal where the inconsistencies have been
simply a lack of disclosures or could be explained by forgetfulness. However, that is not the case
here--the record in this case demonstrates that the Plaintiff intentionally falsified his
testimony. See, ¢.g., Jesse v. Commercial Diving Academy of Jacksonville, Inc., 963 So. 2d 308,
309 (Fla. 1st DCA 2007) (upholding the trial court's dismissal because there were findings that
“demonstrate[d] clearly and convincingly that appellant did, in fact, intentionally testify falsely
ona material issue”); Distefano v. State Farm Mut. Auto Ins. Co., 846 So. 2d 572, 575-576 (Fla.
ist DCA 2003) (determining that false testimony in deposition could not be excused as faulty
memory or forgetfulness because her conflicting lestimonies suggested an intent to deceive). The
Court also finds that the “staging” of the fall suggests an “unconscionable scheme calculated to
interfere with the judicial system's ability impartially to adjudicate this matter.” Ramey v.
Haverty Furniture Cos., Inc. 993 So. 2d 1014, 1018 (Fla. 2d DCA 2008) (citing the test
from Auode, 892 F.2d at 118)
The basis of this suit is merchandise falling on the Plaintiff in the Defendant's store that
allegedly caused an injury that occurred because of the negligence of the Defendant. If there was
1a
RAYMOND GALUSHA vs. LOWE'S HOME CENTERS, LLC LT, CASE NO: 2018 CA 000763 A DIV CA HT. CASE NO: 5D2024-1507 Official Records Citrus County FL, Angela Vick, Clerk of the Circuit Court & Comptroller #20024033279 BK: 3473 PG: 2246 6/5/2024 1:21 PM 12 Receipt: 2024029191
no evidence of injury to Plaintiff from falling trash can lids in the store on any of the dates
alleged by Galusha or any other date, the underlying theory of negligence fails, and all other
matters (i.c., duty, breach of duty, causation and damages) fall by the wayside. More
importantly, if there was no incident that caused the injury, the discovery, and costs and labor
included therewith, become unnecessary, Here, there is evidence that was admitted at the
evidentiary hearing that the incident did not occur as the Plaintiff described. The evidence
consisted of statements made by Plaintiff Galusha describing how he was injured. That being
cutting down a tree and a limb striking him in the neck three days before he went to the
emergency room at Citrus Memorial Hospital. Plaintiff did not dispute these records at the
hearing on the motion. Plaintiff only argued that defense counsel had altered the records. There
is no evidence that the medical records have been altered.
The Plaintiff's testimony under oath at the depositions can only be described as false and
misleading as to a central issue in this case. See Long v. Swofford, 805 So. 2d 882, 884 (Fla. 3d
DCA 2001) (“The plaintiff's false or misleading statement given under oath concerning issues
central to her case amounted to fraud.”). When there is evidence to show that a plaintiff “clearly
and convincingly demonstrates [that the plaintiff] deliberately attempted to mislead and deceive
the defendant about matters which strike at the very heart of her claim . , ., [the] court simply
cannot condone |the plaintiff's] lack of candor.” Austin v. Liquid Distributors, Inc. 928 So, 24
$2), 521-522 (Fla. 3d DCA 2006) (also indicating that when a plaintiff's “misrepresenlations go
to the heart of her claim and subvert the integrity of her action” the trial court is under an
obligation to dismiss the action)
The cited cases demonstrate that there can be no more serious violation then
exaggerating or fabricating the alleged negligent event itself. When the issues involve the actual
tt
654 14
Sua Sponte Imposition of Sanctions
Furthermore, we sua sponte impose sanctions on Appellant pursuant to section 57.105(1), Florida Statutes (2024), as he knew or should have known that his attempt on appeal to reverse the lower court was not supported by material facts or applicable law. As noted in the trial court’s order and final judgment, Appellant chose to proceed pro se after his counsel was permitted to withdraw prior to the filing of Appellee’s motion to dismiss. Appellant described himself and his co-plaintiff wife as being “well schooled in the law” and “hardly unschooled pro se litigants.” The briefs filed by Appellant in this case completely fail to point out any finding of the trial court that is not supported by clear, convincing, competent, substantial evidence, nor do they demonstrate that the trial court abused its discretion or committed any legal error.
This case is the epitome of a frivolous, meritless appeal; yet Appellee was obligated to participate and advocate. The sanction imposed against Appellant is an award of reasonable appellate attorney’s fees incurred by Appellee in this appeal. On remand the trial court shall determine what the amount of those reasonable fees are by taking evidence and entertaining argument, following which it shall enter a final order requiring payment by Appellant to Appellee.3
AFFIRMED; REMANDED FOR CALCULATION OF ATTORNEY’S FEES. MAKAR and SOUD, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Footnotes
[1] The derivative consortium claim of Appellant’s wife, Ann Shuler Waters, was also dismissed; however, she did not appeal.
[2] Appellant failed to provide this Court with the transcript of the motion to dismiss hearing, even after Appellee pointed out its absence.
[3] If Appellee should choose to forego any further proceedings and waive its fees, it is free to do so by timely filing appropriate papers with the trial court.