74 So.2d 801 (1954)

Ada HOROWITZ, Appellant, v. George SCHWARTZ, as Executor of the Estate of Henry W. Pracht, Appellee.

Supreme Court of Florida. Division A.

October 1, 1954.

Attorney(s) appearing for the Case

Paul A. Louis, Norman A. Shandelman, Miami, Melvin M. Belli, San Francisco, Cal., for appellant.

Blackwell, Walker & Gray, Miami, for appellee.

TERRELL, Justice.

Appellant brought this action against appellee, the complaint being couched in two counts, one based on malpractice and the second on fraud and deceit of Dr. Henry W. Pracht in treatment of appellant while she was his patient. Answer was filed and the case was tried before a jury. At the conclusion of the plaintiff's case the trial judge announced his intention to direct a verdict for the defendant when the plaintiff elected to suffer an involuntary...


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