Galusha v. Lowe’s Home Centers, LLC, 408 So.3d 173 (District Court of Appeal of Florida, Fifth District, Apr. 4, 2025)
The plaintiff brought a premises liability action against the defendant, alleging he was injured when garbage can lids fell from a store shelf. After his attorney withdrew, the plaintiff proceeded pro se. During the litigation, he provided three conflicting dates for the alleged incident, and compelling evidence showed the event never occurred. The trial court found that the plaintiff had fabricated the incident, provided false testimony and concealed relevant facts, engaging in a deliberate scheme to defraud both the defendant and the judicial process.
Because the plaintiff’s fraud infected every aspect of the case, the trial court dismissed the action entirely—a decision the appellate court upheld. The court emphasized that no contrary proof or explanation was offered by the plaintiff at the evidentiary hearing. Additionally, the appellate court imposed sanctions under Section 57.105, Florida Statutes, requiring the plaintiff to pay the defendant’s reasonable appellate attorney’s fees.
The ruling reinforces that parties who commit fraud on the court forfeit their right to proceed with claims and sanctions may follow meritless appeals.
