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FERRER v. McMURRY

No. 70-78.

238 So.2d 315 (1970)

Felipe G. FERRER and C.L. Northcutt d/b/a Northcutt Motors, Appellants, v. Dafne McMURRY and John David McMurry, Her Husband, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied August 28, 1970.

Attorney(s) appearing for the Case

Dean, Adams, George & Wood, and David L. Willing and Jack E. Thompson, Miami, for appellants.

Fuller & Brumer; Bolles Goodwin, Ryskamp & Ware, Miami, for appellees.

Before PEARSON, C.J., and BARKDULL and HENDRY, JJ.

PER CURIAM.

We are called upon by this appeal to review the propriety of a trial court permitting an ore tenus amendment to plaintiffs' complaint at the conclusion of all their evidence. The original complaint (as amended) sounded in tort and alleged gross negligence by the operator of a motor vehicle, resulting in injury to a passenger. At the conclusion of all the evidence, the trial court indicated it would grant the defendants' motion for directed verdict because...

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