JEAN SURIN, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Hortensia Pena v. Bi-Lo Holdings, LLC (Fla. 3d DCA 2020)
  …, 821 So. 2d 342, 347 (Fla. 4th DCA 2002)). Moreover, “[b]ecause a duty to preserve evidence does not exist at common law, the duty must originate either in a contract, a statute, or a discovery request.” Gayer v. Fine Line Const. & Elec., Inc., 970 So. 2d 424, 426 (Fla. 4th DCA 2007) (citation omitted). Finally, “[t]he adverse inference instruction does not relieve a party from its burden of proof.” Golden Yachts, Inc., 920 So. 2d at 780 (citation omitted). In the instant case, we wholly embrace the po…
• Gayer v. Fine Line Constr. & Elec., Inc., 2 So. 3d 296 (Fla. 4th DCA 2008)
  …cial employer using a laborer from a help supply services company has a duty under section 440.39(7), Florida Statutes, to preserve evidence for the injured laborer’s claim against a third-party tortfeasor.” Gayer v. Fine Line Constr. & Elec., Inc., 970 So. 2d 424, 425 (Fla. 4th DCA 2007). As for Labor Finders, it was undisputed that it never obtained possession of the ladder despite multiple attempts to do so. We hold that Labor Finders had no duty under section 440.39(7) to acquire and preserve evidence th…
• Shamrock-Shamrock, Inc. v. Remark, 271 So. 3d 1200 (Fla. 5th DCA 2019)

Authorities Cited

• Strickland v. Washington, 466 U.S. 668 (U.S. 1984)