BYRON LOWERY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Lincoln Ins. Co. v. Home Emergency Servs., Inc., 812 So. 2d 433 (Fla. 3d DCA 2002)
  …actually sustained. The Fourth District Court of Appeal has described the basis of a cause of action for spoliation of evidence as “an intangible and beneficial interest in the preservation of the evidence.” DiGiulio v. Prudential Prop. & Cas. Co., 710 So. 2d 3 (Fla. 4th DCA 1998)(emphasis supplied). Milian’s Complaint seeks damages from the manufacturer and distributor of the ladder for “bodily injuries” sustained when he fell from the ladder. Alternatively, Milian claims that any inability to prove the…
• Humana Worker's Comp. Servs. v. Home Emergency Servs., Inc., 842 So. 2d 778 (Fla. 2003)
  …] ‘an intangible and beneficial interest in the preservation of the evidence’ ” and concluded that “this occurrence, the destruction of evidence, did not result in bodily injury.” Id. at 1012 (quoting DiGiulio v. Prudential Property & Cas. Ins. Co., 710 So. 2d 3 (Fla. 4th DCA 1998)). Humana sought discretionary review by this Court on the basis of the certified conflict between the Third and Fourth District’s decisions. Humana urges this Court to adopt the holding in Norris and conclude that a spoliation c…
• Stacia Norris v. Colony Ins. Co., 760 So. 2d 1010 (Fla. 4th DCA 2000)
  …a. 3d DCA 1990). This court has followed the third district. Brown v. City of Delray Beach, 652 So. 2d 1150 (Fla. 4th DCA 1995); St. Mary’s Hosp., Inc. v. Brinson, 685 So. 2d 33 (Fla. 4th DCA 1996); DiGiulio v. Prudential Property and Cas. Ins. Co., 710 So. 2d 3 [*1012] (Fla. 4th DCA), rev. denied, 725 So. 2d 1109 (Fla.1998). In DiGiulio, we described the basis of a cause of action for spoliation of evidence as “an intangible and beneficial interest in the preservation of the evidence.” Id. at 5. Although…