Howe v. South Broward Hospital Dist

Full title: RICHARD C. HOWE, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF RUTH…

Court: District Court of Appeal of Florida, Fourth District

Date published: Jun 8, 1977

345 So. 2d 1079 (Fla. Dist. Ct. App. 1977)

Opinion

No. 75-2055.

April 15, 1977. Rehearing Denied June 8, 1977.

Appeal from the Circuit Court, Broward County, Stewart F. LaMotte, Jr., J.

Howard Todd Jaffee of Kaplan, Jaffee Associates, Hollywood, for appellants.

Michael D. Stewart of Fleming, O'Bryan Fleming, Fort Lauderdale, for appellee, South Broward Hospital District.

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 NEWELL, EMERY J., Associate Judge, concur.