Daybrook Fisheries, Inc. v. Ketnor

ARMSTRONG, J.,

dissents.

I respectfully dissent. The trial court granted a motion to dismiss at the close of plaintiffs case. Because I would find that the plaintiff presented evidence to establish a prima facie case, I would reverse and remand for further proceedings. Of course, on remand, the defendant would attempt to rebut the plaintiffs case as the defendant puts on his case.