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KIMBALL v. PUBLIX SUPER MARKETS, INC.

No. 2D03-5489.

901 So.2d 293 (2005)

Isabelle KIMBALL, Appellant, v. PUBLIX SUPER MARKETS, INC., Appellee.

District Court of Appeal of Florida, Second District.

April 29, 2005.

Attorney(s) appearing for the Case

Roy D. Wasson and Annabel C. Majewski of Wasson & Associates, Miami; and James D. Dreyer, Jr., of Dreyer & Dreyer, Sarasota, for Appellant.

Richard R. Garland of Dickinson & Gibbons, P.A., Sarasota, for Appellee.

STRINGER, Judge.

Isabelle Kimball seeks review of the order granting final summary judgment in favor of the defendant, Publix Super Markets, in a personal injury action. Because relevant discovery was still pending, the trial court erred in granting summary judgment. Further, the trial court erred in denying Kimball's motion to amend her complaint to add a claim for spoliation of evidence. Accordingly, we reverse the order granting final summary judgment and remand...

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