Howe v. South Broward Hospital District

345 So. 2d 1079
District Court of Appeal of Florida·Decided April 15, 1977·No. No. 75-2055·Published·Cited by 2 cases

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

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Related

Wallace v. Strassel
479 So. 2d 231 (District Court of Appeal of Florida, 1985)
Howe v. South Broward Hospital District
362 So. 2d 324 (District Court of Appeal of Florida, 1978)