ELLIS v. WEISBROT

No. 88-1736.

550 So.2d 15 (1989)

Darryl ELLIS, Appellant, v. Bruce WEISBROT, D.D.S., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 6, 1989.


Attorney(s) appearing for the Case

Deutsch & Blumberg, P.A., James C. Blecke, Miami, for appellant.

Walton Lantaff Schroeder & Carson and G. Bart Billbrough and Geoffrey B. Marks, Miami, for appellee.

Before NESBITT, JORGENSON and LEVY, JJ.


PER CURIAM.

Darryl Ellis appeals from a final judgment entered on a jury verdict finding no negligence in a dental malpractice action. For the following reason, we reverse.

Ellis sued Jefferson Stores, Inc., and Drs. Kirsner and Weisbrot for dental malpractice. On the morning of trial, Ellis voluntarily dismissed Dr. Kirsner in exchange for a waiver of costs and fees. Although the record is not clear on this point, Ellis states on appeal that the dismissal...

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