Mohammad v. Anthony Abraham Chevrolet Co.

District Court of Appeal of Florida

Mohammad v. Anthony Abraham Chevrolet Co.

699 So. 2d 278, 1997 Fla. App. LEXIS 9700, 1997 WL 525597

CourtDistrict Court of Appeal of Florida

DecidedAugust 27, 1997

DocketNo. 96-1579

StatusPublished

Cited by1 cases

This text of 699 So. 2d 278 (Mohammad v. Anthony Abraham Chevrolet Co.) 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

Mohammad v. Anthony Abraham Chevrolet Co., 699 So. 2d 278, 1997 Fla. App. LEXIS 9700, 1997 WL 525597 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

The doctrine of spoliation arises when it is alleged that a crucial piece of evidence is unavailable at the time of trial due to action by one or the other of the parties. See, eg., Sponco Mfg. v. Alcover, 656 So.2d 629 (Fla. 3d DCA 1995), rev. dismissed, 679 So.2d 771 (Fla.1996). In the instant ease, the accelerator cable which allegedly malfunctioned was available at the time of trial, and there was testimony in reference to same. There being no spoliation in fact, it was error to give a jury instruction on spoliation, and therefore the final judgment on the verdict in favor of the defendant is reversed and returned to the trial court for a new trial.

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PER CURIAM.

The doctrine of spoliation arises when it is alleged that a crucial piece of evidence is unavailable at the time of trial due to action by one or the other of the parties. See, eg., Sponco Mfg. v. Alcover, 656 So.2d 629 (Fla. 3d DCA 1995), rev. dismissed, 679 So.2d 771 (Fla.1996). In the instant ease, the accelerator cable which allegedly malfunctioned was available at the time of trial, and there was testimony in reference to same. There being no spoliation in fact, it was error to give a jury instruction on spoliation, and therefore the final judgment on the verdict in favor of the defendant is reversed and returned to the trial court for a new trial.

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Bluebook (online)

699 So. 2d 278, 1997 Fla. App. LEXIS 9700, 1997 WL 525597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mohammad-v-anthony-abraham-chevrolet-co-fladistctapp-1997.

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