BancorpSouth Bank v. Kleinpeter Trace, L.L.C.

|TOn the spoliation of evidence ruling, I disagree with the portion of the majority opinion affirming the trial court’s determination that an adverse presumption instruction shall be given to the jury regarding the contents of the Abreo file. Although I agree that the trial court has broad discretion concerning what sanction to impose, including giving an adverse presumption jury instruction, it is neither necessary nor appropriate for this Court to review this interlocutory ruling at this point in the proceedings. The only pleadings at issue in this appeal are motions to compel, a motion for…