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District Court of Appeal of Florida


Yates v. Publix Super Markets, 4D04-2262

Defendant-employer's motion for rehearing in a wrongful death action is denied as the trial court's dismissal of plaintiff's claims was erroneous since her spoliation of evidence claim was not time-barred, and consequently her failure to cooperate claim was also not barred.

Appellate Information

  • Decided 03/08/2006
  • Published 03/08/2006

Judges

  • FARMER, J.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Diran V. Seropian of Edna L. Caruso, P.A., West Palm Beach, and Andrew Moss of Kutner, Rubinoff & Bush, P.A., Miami, for appellant.

  • For Appellees:
  • Richard A. Sherman of the Law Offices of Richard A. Sherman, P.A., Fort Lauderdale, and Samuel A. Coffey and Dennis M. O'Hara of Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A., Fort Lauderdale, for appellee.
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