CANADA DAY BOTTLING CO. v. K. M. A. INC.

No. 77-809.

349 So.2d 846 (1977)

CANADA DRY BOTTLING COMPANY OF FLORIDA, INC., Petitioner, v. K. M. A., INC., Respondent.

District Court of Appeal of Florida, Second District.

September 16, 1977.


Attorney(s) appearing for the Case

John H. Piccin, of Pattillo, MacKay & McKeever, Ocala, for petitioner.

T. Richard Hagin, of Getzen & Hagin, Bushnell, for respondent.


SCHEB, Judge.

The circuit court, in its appellate capacity, held the county court erred in denying defendant's motion for dismissal at the conclusion of plaintiff's evidence, but that plaintiff was entitled to another trial to present additional evidence. In this latter ruling the court departed from the essential requirements of the law. Our writ of certiorari is granted.

Respondent K.M.A., as plaintiff, filed an action in county court seeking damages against...

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