ROMERO V. HARBIN

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004 MICHAEL ROMERO, Appellant, vs. ** ** ** MARTIN HARBIN, Individually, and BUGGY BUS, INC., a Florida corporation, Appellees. CASE NO. 3D03-2820 ** ** ** LOWER TRIBUNAL NO. 01-1215 Opinion filed April 7, 2004. An appeal from the Circuit Court for Monroe County, Richard G. Payne, Judge. Charles M. Milligan, for appellant. Sellars, Marion & Bachi, P.A., and Bard D Rockenbach and William E. Calnan, for appellees. Before SCHWARTZ, C.J., and COPE and SHEVIN, JJ. PER CURIAM. Michael Romero appeals an order dismissing his personal injury action. The trial court granted the appellees motion to dismiss for fraud, finding that there had been material misrepresentations and omissions regarding his previous medical history, educational attainment, and previous work history. We affirm on authority of Long v. Swofford, 805 So. 2d 882 (Fla. 3d DCA 2001). Affirmed. COPE and SHEVIN, JJ., concur. 2 Romero v. Martin Harbin, et al. Case no. 3D03-2820 SCHWARTZ, Chief Judge (dissenting). As in Long v. Swofford, 805 So. 2d 882, 884 (Fla. 3d DCA 2001)(dissenting opinion), I would reverse because the punishment visited on the very-much-less-than-candid Mr. Romero--depriving him of a plainly meritorious claim for a serious and objective injury-is far too severe for his offense. 3

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