Ady's Condominium Ass'n v. Sanchez

(specially concurring).

Although, as must have been obvious, I felt otherwise at oral argument, I have become convinced that neither of the appellant’s primary arguments has merit. First, I can find no abuse of discretion in the trial court’s determination that any errors made by the plaintiff concerning his prior medical history did not rise to the level of deliberate misrepresentation so as to require the imposition of sanctions as in such cases as Rosenthal v. Rodriguez, 750 So.2d 703 (Fla. 3d DCA 2000). See also O’Vahey v. Miller, 644 So.2d 550, 551 n. 1 (Fla. 3d DCA 1994), review denied,…