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PENNSYLVANIA LUMBERMAN'S v. FLORIDA POWER

No. 98-1290

724 So.2d 629 (1998)

PENNSYLVANIA LUMBERMAN'S MUTUAL INSURANCE CO., Appellant, v. FLORIDA POWER & LIGHT CO., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 10, 1999.

Attorney(s) appearing for the Case

James C. Kelley; Richard A. Warren, Miami, for appellant.

Barwick, Dillian, Lambert & Ice and Joy Barwick, Miami; FPL Law Department and Robert E. Boan, Juno Beach, for appellee.

Before JORGENSON, LEVY and SHEVIN, JJ.

PER CURIAM.

Pennsylvania Lumberman's Mutual Insurance Company appeals from an Order granting the defendant, Florida Power & Light Company's Motion for Partial Summary Judgment in a case alleging spoliation of evidence.

Unlike the defendant in Bondu v. Gurvich, 473 So.2d 1307 (Fla. 3d DCA 1984), the defendant in this case was not under any statutory or contractual duty to maintain or preserve the transformer in...

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