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ALDRICH v. ROCHE BIOMEDICAL LAB., INC.

No. 98-2528.

737 So.2d 1124 (1999)

Diane ALDRICH and James Aldrich, her husband, Appellants, v. ROCHE BIOMEDICAL LABORATORIES, INC. et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 5, 1999.

Attorney(s) appearing for the Case

Mark A. Nation of The Nation Law Firm, Longwood, for Appellants.

William E. Ruffier and Ruth C. Osborne of Sanders, McEwan, Martinez, Luff & Dukes, P.A., Orlando, for Appellees.

GOSHORN, J.

Diane and James Aldrich timely appeal the partial summary final judgment in favor of Harvey Bernhardt, M.D., and Bernhardt Laboratories, P.A. (hereinafter Bernhardt), in the Aldriches' suit for medical negligence and spoliation of evidence.1 The Aldriches argue that the court abused its discretion in entering summary judgment in Bernhardt's favor based on the spoliation of the evidence. We agree and reverse.

The suit...

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