Opinion
No. 89-1858.
June 5, 1990.
An Appeal from the Circuit Court of Dade County; John A. Tanksley, Judge.
Ward Caggiano and Walter C. Ward, Miami, for appellant.
Miguel A. Suarez, Miami, for appellee.
Before NESBITT, LEVY and GERSTEN, JJ.
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 plaintiff's 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 plaintiff's case.
Accordingly, the judgment entered below is vacated and this cause is remanded for a new trial on all issues.
Reversed and remanded.