UNDERGROUND SUPPLY COMPANY, INC., APPELLANT,
v.
D. H. MASON AND ARMINELL MASON, HIS WIFE, D/B/A MASON NURSING HOME AND ARROW CONSTRUCTION & EQUIPMENT COMPANY, INC., A FLORIDA CORPORATION, APPELLEES
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BERANEK, Judge.
Plaintiff appeals from the dismissal of an action to foreclose a mechanic’s lien. The case was called for a non-jury trial and plaintiff began the presentation of evidence. While presenting the direct testimony of the first witness, an objection to an offered document was made by defendant. This objection prompted a discussion of the case between the Court and counsel. At the conclusion of this discussion the Court dismissed the matter in its entirety. We find the dismissal at this stage of the trial to have been premature and erroneous. See Rule of Civil Procedure 1.420(b); Rath Co. v. Sun Coast Fruit Company, 186 So. 2d 806 (Fla. 3d DCA 1966); and Sapp v. Redding, 178 So. 2d 204 (Fla. 1st DCA 1965). The order of dismissal below is reversed and the matter remanded for further proceedings.
REVERSED AND REMANDED.
DOWNEY, C. J., and DAUKSCH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thalgott v. Thalgott, 571 So. 2d 1368 (Fla. 1st DCA 1990)…he plaintiff’s evidence. See, e.g., Dodge v. Weiss, 191 So. 2d 71 (Fla. 1st DCA 1966); SGS Enters., Inc. v. Cates, 547 So. 2d 226 (Fla. 4th DCA 1989); In re Estate of McCoy, 445 So. 2d 680 (Fla. 2d DCA 1984); [*1371] Underground Supply Co. v. Mason, 365 So. 2d 447 (Fla. 4th DCA 1978). In the case at bar, not only had appellee not completed her evidence in support of her petition for increased child support, she had not presented any testimony at the hearing directed to that issue. Notwithstanding the posture…
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Reza Seyedin and Linda Seyedin v. Nikolits, 676 So. 2d 478 (Fla. 4th DCA 1996)…a right to testify as to the value of his own property. Appellants should have not been cut short by the court’s premature grant of involuntary dismissal prior to the time that appellants rested their case. See also Underground Supply Co. v. Mason, 365 So. 2d 447 (Fla. 4th DCA 1978).…
Authorities Cited
- Johnston v. State, 178 So. 2d 204 (Fla. 1st DCA 1965)
- Gordon v. Leon Alexander by his next friend, 186 So. 2d 806 (Fla. 4th DCA 1966)
- The Rath Co. v. SUN Coast Fruit Co., 186 So. 2d 806 (Fla. 3d DCA 1966)