Furst v. Blackman

744 So. 2d 1222 (1999)

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Furst v. Blackman

Florida District Court of Appeal
744 So. 2d 1222 (1999)

  • Written by Liz Nakamura, JD

Facts

Henry Furst (plaintiff) filed an action against Alan Blackman (defendant) based on a disputed stock purchase. After Furst filed his third amended-complaint, Blackman moved to strike it, arguing that it was a sham pleading because it directly contradicted sworn statements contained in Furst’s prior filings. Blackman did not set forth any facts or examples supporting his allegations. Blackman’s motion-to-strike was not verified, but Blackman did file an affidavit-in-support. The trial court denied Blackman’s motion-to-strike. Blackman then filed a motion-to-dismiss Furst’s third amended-complaint in which he raised 10 new arguments in addition to reiterating his argument from the motion-to-strike. After a hearing, a different trial judge dismissed Furst’s complaint with prejudice, but without explanation. Furst appealed, challenging the dismissal order. Blackman countered, arguing that dismissal was appropriate because (1) Furst’s third amended-complaint was a sham pleading; and (2) the trial court had the inherent ability to dismiss any action in which one party perpetuated a fraud on the court.

Rule of Law

Issue

Holding and Reasoning (Gross, J.)

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Casebooks

Florida Civil Procedure

Key Terms

  • Dismissal with PrejudiceA dismissal of a claim or lawsuit that acts as a final judgment on the merits and bars the plaintiff from suing on the same claim in a later proceeding.
  • Motion to StrikeA party’s official request that the court remove portions of the pleadings that are insufficient defenses, redundant, immaterial, impertinent, or scandalous.
  • Sham PleadingA pleading that is inherently false or based on facts that were known to be false at the time the pleading was made.
  • VerificationA statement under oath, which typically must be made before a notary, that the allegations contained in the verified pleading or motion are known or believed to be true by the deponent. A common example is a verified complaint.

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