Howe v. South Broward Hospital District

District Court of Appeal of Florida

Howe v. South Broward Hospital District

345 So. 2d 1079

CourtDistrict Court of Appeal of Florida

DecidedApril 15, 1977

DocketNo. 75-2055

StatusPublished

Cited by2 cases

This text of 345 So. 2d 1079 (Howe v. South Broward Hospital District) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Howe v. South Broward Hospital District, 345 So. 2d 1079 (Fla. Ct. App. 1977).

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Opinion

PER CURIAM.

This is an appeal from the entry of summary judgments against the plaintiffs in a medical malpractice case. We reverse.

The burden of proving the absence of a genuine issue of material fact is upon the moving party. Until it is determined that the movant has successfully met this burden, the opposing party is under no obligation to show that issues do remain. Holl v. Talcott, 191 So.2d 40 (Fla.1966). From our review of the record on appeal we conclude that appellees failed to meet this burden.

REVERSED AND REMANDED.

CROSS and ALDERMAN, JJ., and NE-WELL, EMERY J., Associate Judge, concur.

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