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PIMENTEL v. IZNAGA

No. 81-2755.

431 So.2d 667 (1983)

Roberto PIMENTEL, As Personal Representative of the Estate of Celestino Pimentel, Deceased, As Assignee of Clinica De Emergencias, Inc., a Florida Corporation, Appellant, v. Louis Rodriguez IZNAGA, M.D. and Argonaut Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 6, 1983.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Arnold Ginsberg, Burt E. Redlus, Miami, for appellant.

Thornton & Herndon and John Edward Herndon, Jr., Miami, for appellees.

Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.

BASKIN, Judge.

Because we find that the record discloses the existence of issues of fact and reasonable evidence upon which the jury could legally predicate a verdict in favor of the non-moving party, Tiny's Liquors, Inc. v. Davis, 353 So.2d 168 (Fla. 3d DCA 1977), we reverse the final judgment entered by the trial court. We reinstate the verdict as to the issues previously decided by the jury and remand for a new trial on...

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