SOUTH BROWARD HOSPITAL DISTRICT v. SCHMITT, 195 So.2d 216 (Fla. 1967)

SOUTH BROWARD HOSPITAL DISTRICT, PETITIONER, CROSS-RESPONDENT, v. ETHEL SCHMITT, RESPONDENT, CROSS-PETITIONER.

No. 34293.Supreme Court of Florida.
February 8, 1967. Rehearing Denied March 9, 1967.

Writ of Certiorari to the District Court of Appeal, Second District.

McCune, Hiaasen, Crum Ferris, and James J. Linus, Fort Lauderdale, for petitioner-cross-respondent.

Simons Schlesinger, Hollywood, for respondent-cross-petitioner.

PER CURIAM.

By treating a Notice of Appeal as a Petition for Writ of Certiorari, a majority of the Court heretofore issued the writ. The cause has now been heard on oral argument and the briefs and record have been carefully considered. It is now concluded that the writ was improvidently issued and should be discharged.

It is so ordered.

THORNAL, C.J., and THOMAS, ROBERTS, DREW, CALDWELL and ERVIN, JJ., concur.

O’CONNELL, J., dissents with Opinion.

O’CONNELL, Justice (dissenting):

Having determined that the plaintiff Schmitt failed to establish a prima facie case at the trial I am of the opinion that the district court of appeal committed error in remanding the cause for a new trial. It should have remanded with directions to enter a verdict for the defendant hospital. 6345 Collins Ave. v. Fein, Fla. 1959, 95 So.2d 577.