Summary
holding that trial court erred by directing a verdict for the defendant prior to the close of the plaintiff's presentation of evidence
Summary of this case from Aouate v. Hotel EuropeOpinion
Nos. 92-890, 92-1301.
April 6, 1993.
An Appeal from the Circuit Court of Dade County; Robert M. Deehl, Acting Circuit Court Judge.
Abrams, Anton, Robbins, Resnick Schneider and Scott Alan Orth, Hollywood, for appellant.
Welsh Telander, Bruce Telander and Joe N. Unger, Miami, for appellee.
Before BARKDULL, COPE and GODERICH, JJ.
CONFESSION OF ERROR
As the appellee properly concedes, the trial court erred in entering a directed verdict for the defendant prior to the close of the plaintiff's presentation of evidence. Accordingly, we reverse and remand for a new trial. See Sheldon Greene Assocs., Inc. v. Williams Island Assocs., 550 So.2d 1142 (Fla. 3d DCA 1989), review denied, 557 So.2d 35 (Fla. 1990); Sapp v. Redding, 178 So.2d 204 (Fla. 1st DCA 1965).