Florida District Courts of Appeal, 1990

Martinez v. Reyes

Martinez v. Reyes
Florida District Courts of Appeal · Decided June 5, 1990 · Gersten, Levy, Nesbitt
561 So. 2d 687; 1990 Fla. App. LEXIS 4049; 1990 WL 73201 (Southern Reporter, Second Series)

Martinez v. Reyes

Opinion of the Court

PER CURIAM.

Because the record reflects that the appellant, who was the plaintiff below, established a prima facie case (at least with regard to the alleged negligence that the plaintiff claims was committed by the defendant by allegedly removing a healthy ovary) during the plaintiffs case-in-chief, the trial court was in error in granting the appellee/defendant’s motion for involuntary dismissal made at the close of the plaintiffs case.

Accordingly, the judgment entered below is vacated and this cause is remanded for a new trial on all issues.

Reversed and remanded.

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