specially concurring:
I concur generally with the majority opinion but I do not agree with the order for new trial.
Counsel for defendant Lincoln County Title Company moved for dismissal at the close of plaintiff’s case-in-chief and the motion was denied by the trial judge.
The majority opinion holds: “In the absence of such expert testimony, we further hold that the plaintiff failed to establish a prima facie case of negligence in the violation of a standard of care required of a title company.”
In my view, the appropriate remedy, based on that holding would be to remand to the District Court for entry of an order dismissing the action and granting judgment for the defendants.