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ERIK ELEC. CO., INC. v. ELLIOT

No. 78-2111.

375 So.2d 1136 (1979)

ERIK ELECTRIC COMPANY, INC., Appellant, v. Bruce ELLIOT, a/k/a Bruce Allen d/b/a Era Electric Company, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 9, 1979.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Arnold R. Ginsberg, Miami, Colodny & Fass, North Miami, for appellant.

Koeppel, Stark & Newmark and Robert Gellman, Miami, for appellee.

Before PEARSON, HENDRY and SCHWARTZ, JJ.

PEARSON, Judge.

The plaintiff, Erik Electric Company, Inc., appeals from a final judgment for the defendant, Bruce Elliot, a/k/a Bruce Allen d/b/a Era Electric Company. The judgment was entered at the conclusion of the plaintiff's case in a trial without a jury. See Fla.R.Civ.P. 1.420(b). We hold that the evidence viewed in the light most favorable to the plaintiff presented a prima facie case and, therefore, we reverse for a trial of the issues involved.

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