SERVICE FACILITIES CORPORATION, APPELLANT,
v.
WADE H. LANIER, JR., PROPERTY APPRAISER, OSCEOLA COUNTY, FLORIDA, ET AL., APPELLEES
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Reversed judgment dismissing taxpayer's challenge to property assessments because trial court improperly weighed evidence when granting defendant's motion for involuntary dismissal after plaintiff presented a prima facie case.
A trial judge in a non-jury matter may not weigh and judge the credibility of evidence when ruling on a defendant's motion for involuntary dismissal following presentation of a prima facie case.
[1] In a non-jury trial, a trial judge ruling on a motion for involuntary dismissal following a prima facie case may not weigh evidence or judge credibility, as such motion i…
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Join FLexlaw to unlock all legal intelligenceService Facilities Corporation, a water and sewer corporation, sued the Osceola County Property Appraiser challenging tangible personal property asses…
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PER CURIAM.
This is an appeal by the plaintiff taxpayer from a final judgment. Appellant was the plaintiff below and is a water and sewer corporation. Plaintiff sued the County Property Appraiser challenging the assessments for the years 1974, 1975, and 1976, on its tangible personal property. The complaint alleged that the property appraiser had not considered the factors contained in Section 193.011 Florida Statutes (1971) or followed the dictates of the Florida Administrative Code, Rule 12B-1.103(2)(E). The case was tried before the court without a jury and at the close of the plaintiff’s case, a judgment was entered for defendant. We reverse.
Assuming presentation of a prima facie case, the trial judge in a non-jury matter may not weigh and judge the credibility of the evidence when ruling upon a defendant’s motion pursuant to Rule 1.420(b) of the Florida Rules of Civil Procedure. Tillman v. Baskin, 260 So. 2d 509 (Fla.1972). Such a motion for involuntary dismissal following the presentation of the plaintiff’s prima facie case is in the nature of a ruling on a motion for directed verdict in a jury trial. We conclude that a prima facie case was presented and that the trial court could not have granted the motion without weighing the probative effect of at least some of the evidence. We, therefore, conclude that the trial court erroneously entered judgment for defendant and the final judgment, including the taxation of costs and interest, is reversed and remanded for further proceedings consistent herewith.
REVERSED AND REMANDED.
CROSS, DAUKSCH and BERANEK, JJ., concur.
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State v. Thibodeaux, 547 So. 2d 1243 (Fla. 2d DCA 1989)…den proof. To reach these conclusions, the court had to weight the evidence, and in doing so it erred. Tillman; Murphy. See also Sea Tower Apartments, Inc. v. Century Nat’l Bank, 406 So. 2d 69 (Fla. 4th DCA 1981); Service Facilities Corp. v. Lanier, 371 So. 2d 1083 (Fla. 4th DCA 1979); Buchanan Constr., Inc. v. City of Tallahassee, 308 So. 2d 613 (Fla. 1st DCA 1975). We also must reject any contention that if an error occurred, it was harmless because the appellee might have rested his case without presenting…
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Bottalico v. Antonelli, 695 So. 2d 363 (Fla. 4th DCA 1997)
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Murphy v. Cmty. Ctrs. Corp., 393 So. 2d 623 (Fla. 1st DCA 1981)…credibility of the evidence when ruling upon a defendant’s motion for involuntary dis [*625] missal or final judgment made at the close of the plaintiffs’ case. Tillman v. Baskin, 260 So. 2d 509 (Fla.1972); Service Facilities Corporation v. Lanier, 371 So. 2d 1083 (Fla.App.1979). Concluding, as we do, that a prima facie case of breach of contract was made by the plaintiffs, the trial court could not have granted the motion without weighing the probative effect of the evidence. In fact the trial court did weig…
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- Easter Mae Tillman v. Baskin, 260 So. 2d 509 (Fla. 1972)