NORTH AMERICAN MARKETING CORPORATION, INC., APPELLANT,
v.
THE TRAVELERS INSURANCE COMPANY, APPELLEE
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PER CURIAM.
We reverse the final judgment for Travelers Insurance Company upon a holding (1) where North American Marketing Corporation, Inc., in a non-jury trial of its third-party claim against Travelers, presented a prima facie case of “unidentifiable employee dishonesty” resulting in loss for which it was insured by Travelers, the trial court erred in granting Travelers’ motion for involuntary dismissal at the conclusion of North American’s case; and (2) Travelers’ unproved claim that the extent of the loss was diminished by other facts was not a matter which was properly considered on Travelers’ Rule 1.420(b), Florida Rules of Civil Procedure, motion, such claim being no part of whether North American established a prima facie case. Tillman v. Baskin, 260 So. 2d 509 (Fla.1972); Murphy v. Community Centers Corporation, 393 So. 2d 623 (Fla. 1st DCA 1981); Buchanan Construction, Inc. v. City of Tallahassee, 308 So. 2d 613 (Fla. 1st DCA 1975); accord, Preisner v. Cropf, 278 So. 2d 295 (Fla. 4th DCA 1973).
Reversed and remanded for a new trial.
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Miami Purveyors, Inc. v. Forte, 407 So. 2d 330 (Fla. 3d DCA 1981)…a. 4th DCA 1975); Polera v. General Window Corporation, 132 So. 2d 778 (Fla. 2d DCA 1961), and (b) an involuntary dismissal, Tillman v. Baskin, 260 So. 2d 509 (Fla.1972); North American Marketing Corporation, Inc. v. The Travelers Insurance Company, 405 So. 2d 1019 (Fla. 3d DCA 1981); accord, Sea Tower Apartments, Inc. v. Century National Bank, 406 So. 2d 69 (Fla. 4th DCA 1981); and (2) this error is not, as Forte urges, rendered harmless by the fact that the defendant Forte testified as an adverse witness in…
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Wygodny v. K-Site 600 Assocs., 644 So. 2d 579 (Fla. 3d DCA 1994)…t presents his evidence. Tillman v. Baskin, 260 So. 2d 509 (Fla.1972); Palm Beach Mall, Inc. v. Walker, 585 So. 2d 1149 (Fla. 4th DCA 1991); Saporito v. Madras, 576 So. 2d 1342 (Fla. 5th DCA 1991); North Am. Mktg. Corp., Inc. v. Traveler’s Ins. Co., 405 So. 2d 1019 (Fla. 3d DCA 1981). In viewing the plaintiffs case in a light most favorable to the plaintiff, Wygodny did bring forth some evidence of a decrease in market value of his slip as a result of the changes. He also put forth evidence that his slip had…
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Fason v. Empac Int'l Corp., 648 So. 2d 1270 (Fla. 4th DCA 1995)…that at that stage of the nonjury proceedings (close of plaintiffs case) a finding that defendant’s agreement was unenforceable because it was not in writing was precluded. Id. at 331-32. Similarly, in North American Marketing v. Travelers Ins. Co., 405 So. 2d 1019 (Fla. 3d DCA 1981), the court held that insured presented a prima facie case of “unidentifiable employee dishonesty.” The North American Marketing court found that insurer’s unproved claim that the loss suffered by insured due to “unidentifiable emp…
Authorities Cited
- Easter Mae Tillman v. Baskin, 260 So. 2d 509 (Fla. 1972)
- Sigmund Preisner v. Cropf, 278 So. 2d 295 (Fla. 4th DCA 1973)
- Howell v. Gould, 308 So. 2d 613 (Fla. 1st DCA 1975)
- Buchanan Constr., Inc. v. The City OF Tallahassee, 308 So. 2d 613 (Fla. 1st DCA 1975)
- Murphy v. Cmty. Ctrs. Corp., 393 So. 2d 623 (Fla. 1st DCA 1981)