Alvarez v. Puleo

RYDER, Acting Chief Judge.

Julio and Barbara Alvarez and James and Rose Alvarez, the plaintiffs below, contest a final judgment in which the trial court granted Phillip Puleo and Samuel Bis-sett’s motion for involuntary dismissal of the Alvarezes’ complaint. We reverse and remand for a new trial on the ground that the trial court erroneously required appellants to elect their remedy prior to the beginning of trial.

On the day trial was to begin, upon appellees’ motion the court informed appellants that they had to choose going forward on Count I of their complaint, a request that the court…