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PUBLIX SUPERMARKETS, INC. v. FRAZIER

No. 97-0993.

696 So.2d 1369 (1997)

PUBLIX SUPERMARKETS, INC., Petitioner, v. Zarkia T. FRAZIER, Respondent.

District Court of Appeal of Florida, Fourth District.

July 30, 1997.

Attorney(s) appearing for the Case

Dennis M. O'Hara and Shelley H. Leinicke of Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Ford, P.A., for petitioner.

Darryl L. Lewis of Hutchinson & Lewis, P.A., Fort Lauderdale, for respondent.

WARNER, Judge.

After suffering an accident while operating a forklift owned by the petitioner Publix Supermarkets, respondent, without commencing a cause of action against Publix or the maker of the forklift, filed a "Verified Ex Parte Emergency Petition to Preserve Evidence." Based on that petition alone, the trial court entered an order requiring Publix to preserve the forklift and to allow respondent to examine and inspect both the forklift and any documents Publix...

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