Insurance — Homeowners — Water damage — Dismissal — Fraud upon the court — Trial court abused its discretion in dismissing case for fraud upon the court based on finding that evidence provided completely contradicted insureds’ position that garbage disposal under the sink caused the water damage where record does not demonstrate that insureds knowingly entered a scheme to defraud the insurer and the court — Collective inconsistencies between the insureds’ statements regarding the cause of loss and repair were not significant enough to warrant dismissal and could have been managed through impeachment and other less severe sanctions
45 Fla. L. Weekly D483a
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