Pro Choice Remediation, Inc. v. Old Dominion Insurance Co.

An assignee remediation contractor's suit against a property insurer was dismissed with prejudice for fraud on the court after it double-billed damages in an interrogatory answer that it later corrected. The First DCA reversed, holding that an isolated, corrected misstatement of damages does not clearly and convincingly establish a sentiently set-in-motion scheme to subvert the judicial process, and that dismissal with prejudice was an abuse of discretion. The court also declined to apply the composite 'more stringent abuse of discretion' standard, instead breaking review into fact (competent substantial evidence), law (de novo), and remedy (abuse of discretion).

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