Kloster Cruise Ltd. v. Igac

District Court of Appeal of Florida

Kloster Cruise Ltd. v. Igac

741 So. 2d 1215, 1999 Fla. App. LEXIS 12741, 1999 WL 765944

CourtDistrict Court of Appeal of Florida

DecidedSeptember 29, 1999

DocketNo. 98-745

StatusPublished

Cited by1 cases

This text of 741 So. 2d 1215 (Kloster Cruise Ltd. v. Igac) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kloster Cruise Ltd. v. Igac, 741 So. 2d 1215, 1999 Fla. App. LEXIS 12741, 1999 WL 765944 (Fla. Ct. App. 1999).

Pincite

Opinion

PER CURIAM.

We affirm the trial court’s denial of Appellant’s motion for sanctions for spoliation of evidence. Nothing in the record supports a conclusion that the trial court abused its discretion in denying the motion. See Mercer v. Raine, 443 So.2d 944 (Fla.1983). Moreover, here, there was only one lost MRI film. We cannot conclude that this is one of “those extremely rare instances that the evidence establishes an intentional interference with a party’s access to critical medical records .... ” Public Health Trust of Dade County v. Valcin, 507 So.2d 596, 599 (Fla.1987). Hence, there was no abuse of discretion in failing to give the requested Valcin instruction.

Appellant’s remaining points lack merit.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

We affirm the trial court’s denial of Appellant’s motion for sanctions for spoliation of evidence. Nothing in the record supports a conclusion that the trial court abused its discretion in denying the motion. See Mercer v. Raine, 443 So.2d 944 (Fla.1983). Moreover, here, there was only one lost MRI film. We cannot conclude that this is one of “those extremely rare instances that the evidence establishes an intentional interference with a party’s access to critical medical records .... ” Public Health Trust of Dade County v. Valcin, 507 So.2d 596, 599 (Fla.1987). Hence, there was no abuse of discretion in failing to give the requested Valcin instruction.

Appellant’s remaining points lack merit.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

741 So. 2d 1215, 1999 Fla. App. LEXIS 12741, 1999 WL 765944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kloster-cruise-ltd-v-igac-fladistctapp-1999.

Opinion

Related

Cite This Page — Counsel Stack