Romero v. Harbin

Full title: MICHAEL ROMERO, Appellant, v. MARTIN HARBIN, Individually, and BUGGY BUS…

Court: District Court of Appeal of Florida, Third District

Date published: Apr 7, 2004

876 So. 2d 1 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 3D03-2820.

Opinion filed April 7, 2004. Rehearing and Rehearing En Banc Denied July 2, 2004.

An appeal from the Circuit Court for Monroe County, Richard G. Payne, Judge, Lower Tribunal No. 01-1215.

Charles M. Milligan, for appellant.

Sellars, Marion Bachi, P.A., and Bard D Rockenbach and William E. Calnan, for appellees.

Before SCHWARTZ, C.J., and COPE and SHEVIN, JJ.

PER CURIAM.

Michael Romero appeals an order dismissing his personal injury action. The trial court granted the appellees' motion to dismiss for fraud, finding that there had been material misrepresentations and omissions regarding his previous medical history, educational attainment, and previous work history. We affirm on authority of Long v. Swofford, 805 So.2d 882 (Fla. 3d DCA 2001).

Affirmed.

COPE and SHEVIN, JJ., concur.

SCHWARTZ, Chief Judge (dissenting).

As in Long v. Swofford, 805 So.2d 882, 884 (Fla. 3d DCA 2001) (dissenting opinion), I would reverse because the punishment visited on the very-much-less-than-candid Mr. Romero — depriving him of a plainly meritorious claim for a serious and objective injury — is far too severe for his offense.