DeLONG v. A-TOP AIR CONDITIONING CO.

No. 97-268.

710 So.2d 706 (1998)

Michael DeLONG and Vicci DeLong, his wife, Appellants, v. A-TOP AIR CONDITIONING CO. and Jorda Mechanical Contractor of Palm Beach, Inc. Appellees.

District Court of Appeal of Florida, Third District.

May 6, 1998.


Attorney(s) appearing for the Case

Lekach, Klitzner & Ansel; Arnold R. Ginsberg, Miami, for appellants.

Seipp, Flick & Kissane and Daniel J. Kissane, Miami; Cole, White & Billbrough and G. Bart Billbrough, Miami, for appellees.

Before NESBITT, GREEN and FLETCHER, JJ.


PER CURIAM.

Michael DeLong and his wife, plaintiffs below, appeal the dismissal of their personal injury action with prejudice based on spoliation of evidence after DeLong inadvertently lost or misplaced a piece of relevant and material evidence. After a careful review of the record before us, we cannot conclude that the lower court abused its discretion in imposing the ultimate sanction of dismissal with prejudice where the appellees demonstrated their inability...

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