MARTINEZ v. REYES

No. 89-1858.

561 So.2d 687 (1990)

Martha MARTINEZ, Appellant, v. Humberto REYES, M.D., Appellee.

District Court of Appeal of Florida, Third District.

June 5, 1990.


Attorney(s) appearing for the Case

Ward & Caggiano and Walter C. Ward, Miami, for appellant.

Miguel A. Suarez, Miami, for appellee.

Before NESBITT, LEVY and GERSTEN, JJ.


PER CURIAM.

Because the record reflects that the appellant, who was the plaintiff below, established a prima facie case (at least with regard to the alleged negligence that the plaintiff claims was committed by the defendant by allegedly removing a healthy ovary) during the plaintiff's case-in-chief, the trial court was in error in granting the appellee/defendant's motion for involuntary dismissal made at the close of the plaintiff's case.

Accordingly, the...

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