OPINION
GIBBONS, J.
In this appeal, we primarily consider whether evidence that is lost after being forwarded from franchisees to their franchisor is subject to a permissive inference that the evidence would have been unfavorable if produced.
On August 11, 2005, a panel of this court issued an opinion in this case. The panel concluded that the lost evidence was not "willfully suppressed" but that, based upon the facts of this case, appellant...
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