(386) 868-5848

Raymond Galusha v. Lowes Home Centers, LLC: Fraud on the Court and Frivolous Appeal Result in Case Dismissal and Sanctions

Frivolous appeal dispute: Raymond Galusha v. Lowe’s Home Centers highlighted by Boltz Legal with construction background.

Fifth District Court of Appeal, State of Florida
Case No. 5D2024-1507
Opinion Filed: April 4, 2025
Judges: Edwards, C.J.; Makar and Soud, JJ.
Torts – Premises Liability – Dismissal for Fraud on the Court – Frivolous Appeal – Appellate Sanctions

The Fifth District Court of Appeal affirmed the trial court’s dismissal of a personal injury lawsuit brought by Raymond Galusha against Lowes Home Centers, LLC, finding that Galusha committed fraud on the court. The appellate court also imposed sanctions under section 57.105, Florida Statutes, for filing a meritless appeal lacking any legal or factual support.

Background of the Case

  1. Alleged Incident and Fraudulent Claims
  2. Galusha alleged he sustained injuries from an avalanche of garbage can lids at a Lowe’s store.
  3. He presented three different dates for the supposed incident.
  4. The trial court found no evidence that the injury-causing event occurred at all.
  5. Galusha was found to have fabricated evidence, provided false testimony, and concealed relevant medical history.
  6. Trial Court Dismisses Case for Fraud on the Court
  7. The trial court held an evidentiary hearing and concluded that Galusha had engineered an “unconscionable scheme to defraud” both the defendant and the judicial system.
  8. The court ruled that the fraud permeated the entire case, warranting full dismissal.
  9. The trial court’s findings were supported by clear, convincing, and competent evidence.

Appellate Court’s Legal Analysis and Ruling

  1. Dismissal Affirmed
  2. The Fifth DCA affirmed the dismissal, citing controlling precedent including:
    1. Aoude v. Mobil Oil Corp.
    1. McKnight v. Evancheck
    1. Cox v. Burke
  3. The appellate court emphasized that Galusha failed to provide any contrary proof or reasonable explanation at the hearing.
  4. Sua Sponte Sanctions Under Section 57.105
  5. The appellate court imposed sanctions on Galusha, sua sponte, for filing a frivolous appeal.
  6. Galusha’s appeal lacked:
    1. Any valid legal argument or analysis
    1. An adequate appellate record
    1. A showing of legal error or abuse of discretion by the trial court
  7. The court characterized the appeal as the “epitome of a frivolous, meritless appeal.”
  8. As a result, the court awarded reasonable appellate attorney’s fees to Appellee, subject to determination on remand.

Final Judgment

The Fifth District Court of Appeal:

  • AFFIRMED the trial court’s dismissal of Galusha’s personal injury action.
  • REMANDED the case for the trial court to determine and award reasonable appellate attorney’s fees under section 57.105, Florida Statutes.

Key Takeaways: Fraud on the Court and Frivolous Appeals

  • Fraudulent conduct that permeates a civil case justifies dismissal in its entirety.
  • Filing inconsistent accounts, fabricating evidence, and concealing facts undermines the judicial process and warrants harsh consequences.
  • Pro se litigants are held to the same standards of integrity and legal sufficiency.
  • Frivolous appeals not based in law or fact may result in sanctions under section 57.105.

Today’s Insight:

“No legacy is so rich as honesty.”

— William Shakespeare

RAYMON~1Download