HOWARD COHEN, AND LUCILLE COHEN, HIS WIFE, APPELLANTS,
v.
BOCA WOODS COUNTRY CLUB PROPERTY OWNERS ASSOCIATION, INC., APPELLEE
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PER CURIAM.
We reverse and remand the final judgment and the award of attorney’s fees which were predicated upon the trial court’s order granting the appellee’s motion for involuntary dismissal after the close of the appellants’ case in a bench trial.
The appellants sought to overturn in court a homeowners’ association decision refusing to permit them to make a small addition to their home. At trial the parties agreed that the issue to be tried was whether the proposed addition would impair the view of their neighbors. Appellants presented evidence that the addition would not impair the view of their neighbors. An involuntary dismissal is only proper where the evidence, considered in a light most favorable to the non-moving party, fails to establish a prima facie case on the non-moving party’s claim. Europco Management Co. of America v. Smith, 572 So. 2d 963 (Fla. 1st DCA 1990). Constru ing the evidence here under that standard, it is apparent the appellants established a pri-ma facie case.
ANSTEAD and HERSEY, JJ„ and MAGER, GERALD, Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Haskin v. Haskin, 677 So. 2d 376 (Fla. 4th DCA 1996)…to enter an involuntary dismissal only when the evidence, considered in the light most favorable to the non-moving party, fails to establish a prima facie case on the non-moving party’s claim. Cohen v. Boca Woods Country Club Property Owners Ass’n, 632 So. 2d 1142 (Fla. 4th DCA 1994). A trial judge may not weigh the evidence in considering a motion for involuntary dismissal. Palm Beach Mall, Inc. v. Walker, 585 So. 2d 1149 (Fla. 4th DCA 1991). It is apparent from the order that the trial judge weighed the e…
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Bottalico v. Antonelli, 695 So. 2d 363 (Fla. 4th DCA 1997)…ismissal, which is properly entered only when the evidence, considered in the light most favorable to the nonmoving party, fails to establish a prima facie case on the non-moving party’s claim. Cohen v. Boca Woods Country Club Property Owners Ass’n, 632 So. 2d 1142 (Fla. 4th DCA 1994). Upon the presentation of a prima facie case, as here, the trial court in a non-jury trial “may not weigh and judge the credibility of the evidence when ruling upon a [motion for involuntary dismissal].” Service Facilities Corp.…
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Sec. Abstract & Ins. Co. v. Fid. Nat'l Title Ins. Co. OF Pa., 668 So. 2d 658 (Fla. 4th DCA 1996)…al court properly granted an involuntary dismissal as to all these counts at the close of plaintiffs case, because Stewart Title failed to establish a prima facie case as to any of them. Fla. R.Civ.P. 1.420(b); Cohen v. Boca Woods Country Club, POA, 632 So. 2d 1142 (Fla. 4th DCA 1994) (it is only proper to enter an involuntary dismissal when the evidence, considered in the light most favorable to the non-moving party, fails to establish a prima facie case on the non-moving party’s claim). We do, however, rever…
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- Europco Mgmt. Co. OF Am. v. Smith, 572 So. 2d 963 (Fla. 1st DCA 1990)