Canada Dry Bottling Co. of Florida v. K. M. A., Inc.

SCHEB, Judge.

The circuit court, in its appellate capacity, held the county court erred in denying defendant’s motion for dismissal at the conclusion of plaintiff’s evidence, but that plaintiff was entitled to another trial to present additional evidence. In this latter ruling the court departed from the essential requirements of the law. Our writ of cer-tiorari is granted.

Respondent K.M.A., as plaintiff, filed an action in county court seeking damages against the petitioner Canada Dry, as defendant. The complaint alleged that Canada Dry’s employee negligently allowed one of its trucks to roll…