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MOGHARI v. ANTHONY ABRAHAM CHEVROLET COMPANY LTD.

No. 96-1579.

699 So.2d 278 (1997)

Michael Mohammad MOGHARI, Appellant, v. ANTHONY ABRAHAM CHEVROLET COMPANY, LTD., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 8, 1997.

Attorney(s) appearing for the Case

Haddad, Josephs, Jack, Gaebe & Markarian and David M. Markarian, Coral Gables, for appellant.

Caldwell & Carroll; Deutsch & Blumberg and James C. Blecke, Miami, for appellee.

Before SCHWARTZ, C.J., SORONDO, J., and BARKDULL, Senior Judge.

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 case, the accelerator cable which allegedly malfunctioned was available at...

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