IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, IN AND FOR MIAMI DADE COUNTY, FLORIDA
CASE NO. 11-27981CA 30
JOHANNA FADDIS,
v.
THE CITY OF HOMESTEAD, JUDY WALDMAN,
ELVIS MALDONADO, STEPHEN SHELLEY,
JIMMIE L. WILLIAMS, III, WENDY LOBOS,
JOHN BURGESS & PATRICK FRANKLIN, D/B/A,
FRANKLIN INVESTIGATIONS, INC.,
Defendants.
/
FINAL JUDGMENT FOR DEFENDANTS
STRIKING THE PLEADINGS OF PLAINTIFF
CONCLUSIONS OF LAW
1.“On the spectrum of sanctionable conduct, perjury is perhaps the most egregious. Indeed, few crimes… strike more viciously against the integrity of our system of justice than the crime of perjury.” See Empire World Towers, LLC v. CDR Créances, S.A.S., 89 So.3d 1034, 1038 (Fla. 3d DCA 2012).
2. In this case, Faddis’ clear change in testimony could not be reasonably explained, even by her. Plain and simple, Faddis lied under oath multiple times. It is also clear that her testimony changed in order to suit her strategic needs in this litigation.
3. A court is warranted in striking the pleadings of a party who engages in perjury when that perjury permeates the proceeding and concerns a person’s claim. Babe Elias Builders Inc. v. Pernick, 765 So. 2d 119, 120-121 (Fla. 3d DCA 2000). In this case, Faddis’ perjury, with regard to whether or not she was sexually harassed, permeates this proceeding and is directly related to one, if not, the principle claim being made by Faddis.
4. Under the unique, undisputed and egregious facts of this case, the Court finds that the most severe sanctions are warranted. The Court is well aware that justice is ordinarily served by letting a jury decide issues of a case. However, where a party ignores her sacred oath to tell the truth and changes her testimony to suit her changing legal position, and moreover, acknowledges in deposition a willingness to do so, she forfeits her right to use these proceedings to seek relief from the Court. Such conduct and unabashed attitude strike at the very core of judicial proceedings and undermine the Court’s and jury’s long-established truth-seeking function.
Accordingly, this Court hereby enters this Final Judgment Striking the Pleadings of Faddis, who shall take nothing from this action. Final Judgment is entered for the Defendants, who shall go hence without day. The Court reserves jurisdiction for the award of costs and other including attorneys’ fees against Faddis and Patterson as the Court may do using its inherent authority.
DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on 11/14/12.
_______________________________
JORGE E. CUETO
| CIRCUIT COURT JUDGE |
