Pena v. Citizens Property Insurance

CASANUEVA, Judge.

In appeal number 2D10-2397, Rita Pena and Reinaldo Pena, wife and husband, appeal the trial court’s dismissal with prejudice of their first-party insurance action against Citizens Property Insurance Company. The trial court’s order of dismissal with prejudice rested upon its conclusion that the Penas had perpetrated a fraud upon the court warranting that ultimate sanction. We affirm the trial court’s finding that the Penas perpetrated a fraud upon the court but reverse the dismissal because it was with prejudice. In doing so, we do not condone the conduct of the Penas.

In the…