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PAPADOPLOS v. SCHMIDT, RONCA & KRAMER, PC.

Nos. 310 MDA 2010, 311 MDA 2010.

21 A.3d 1216 (2011)

2011 PA Super 95

Peter & Judith PAPADOPLOS, Appellants v. SCHMIDT, RONCA & KRAMER, PC. and James R. Ronca, Esquire, Appellee. Judith Papadoplos and Peter Papadoplos, Appellants v. Schmidt, Ronca & Kramer, PC. and James R. Ronca, Esquire, Appellee.

Superior Court of Pennsylvania.

Filed May 5, 2011.

Attorney(s) appearing for the Case

James F. Wiley, III , Philadelphia, for appellants.

Audrey J. Copeland , King of Prussia, for appellees.

BEFORE: STEVENS, P.J., ALLEN, J., and McEWEN, P.J.E.

OPINION BY STEVENS, P.J.:

Following the willful spoliation1 of evidence during the discovery process, the trial court dismissed Appellants Judith and Peter Papadoplos' (collectively Appellants) civil complaint in its entirety. Appellants contend (1) the trial court erred in sua sponte dismissing this action on the basis of spoliation since the issue of spoliation was not raised by Appellees Schmidt, Ronca & Kramer, P.C., and...

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