Union Trust Co. v. Fields

SMITH, Chief Judge.

The defendant in this negligence action appeals a final judgment of nonsuit upon a finding that a plaintiff has the privilege of taking an involuntary non-suit as a matter of right. Subsequent to this finding of the trial court we determined that a plaintiff is not entitled to take a nonsuit as a matter of right. Cook v. Lichtblau, Fla.App.1965, 176 So.2d 523. Opinion filed May 28, 1965. Since it affirmatively appears that the court’s order was based upon a misconception of a controlling principle of law, we reverse and remand the cause. This leaves remaining for our…