BARNETT BANK OF PALM BEACH COUNTY, APPELLANT,
v.
FRANK G. CIBULA, JR. AND JUNE C. CIBULA, N/K/A JUNE C. CLARKE, APPELLEES
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PER CURIAM.
We reverse the final judgment founded on an involuntary dismissal of a mortgage foreclosure action entered at the close of the plaintiff’s case in a non-jury trial. The record reflects that the plaintiff’s proof stated a prima facie case. The court’s order was apparently founded on the appel-lees’ equitable defenses. However, a trial court may not grant a motion for involuntary dismissal once a prima facie case is presented. See Tillman v. Baskin, 260 So. 2d 509 (Fla.1972); Wimbledon Townhouse Condominium I Ass’n., Inc. v. Wolfson, 510 So. 2d 1106 (Fla. 4th DCA 1987); Service Facilities Corp. v. Lanier, 371 So. 2d 1083 (Fla. 4th DCA 1979); Alpha Elec. Supply, Inc. v. Jewel Builders, Inc., 349 So. 2d 699 (Fla. 4th DCA 1977).
The cause is remanded for a new trial.
DOWNEY, ANSTEAD and STONE, JJ., concur.
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Morgan v. Wilkins, 74 So. 3d 179 (Fla. 1st DCA 2011)…or the purpose of facilitating collection of such debt for another. (Emphasis added). In support of their argument that relief is only warranted when there has been an extension of credit, appellees rely upon St. Pierre v. Winn Dixie Stores, Inc., 592 So. 2d 1252, 1253 (Fla. 4th DCA 1992), which explained that “[cjlearly, by its un [*182] ambiguous terms, the Act applies only to the collection of consumer claims and requires the extension of credit. §§ 559.55(1), 559.72, Fla. Stat. (1981).” St. Pierre, howev…
Authorities Cited
- Easter Mae Tillman v. Baskin, 260 So. 2d 509 (Fla. 1972)
- Wimbledon Townhouse Condo. I v. Wolfson, 510 So. 2d 1106 (Fla. 4th DCA 1987)
- Serv. Facilities Corp. v. Lanier, 371 So. 2d 1083 (Fla. 4th DCA 1979)
- Alpha Elec. Supply, Inc. v. Jewel Builders, Inc., 349 So. 2d 699 (Fla. 4th DCA 1977)