Martinez v. Reyes

District Court of Appeal of Florida

Martinez v. Reyes

561 So. 2d 687, 1990 Fla. App. LEXIS 4049, 1990 WL 73201

CourtDistrict Court of Appeal of Florida

DecidedJune 5, 1990

DocketNo. 89-1858

StatusPublished

This text of 561 So. 2d 687 (Martinez v. Reyes) 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.

Bluebook

Martinez v. Reyes, 561 So. 2d 687, 1990 Fla. App. LEXIS 4049, 1990 WL 73201 (Fla. Ct. App. 1990).

Pincite

Opinion

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

561 So. 2d 687, 1990 Fla. App. LEXIS 4049, 1990 WL 73201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-reyes-fladistctapp-1990.