Seaway Biltmore, Inc. v. Abuchaibe
In an employment retaliation/breach-of-settlement case, a special magistrate found the employer intentionally destroyed IT tickets and emails crucial to the plaintiff's prima facie case and recommended a jury instruction requiring the jury to presume the lost information was unfavorable to defendants, plus payment of magistrate costs and half the plaintiff's fees for the four-day hearings. The trial court adopted the report, and the Third DCA dismissed the defendants' certiorari petition for lack of jurisdiction, holding no irreparable harm was shown.
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