ARMANDO GREGORIO VALDES AND SANTA OSIRIS ALFONSO, APPELLANT,
v.
ASSOCIATION I.N.E.D., H.M.O., INC., APPELLEE
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This case addresses the standard for granting an involuntary dismissal in a bench trial for breach of an insurance contract. The appellate court reversed the trial court's entry of involuntary dismissal, holding that the trial judge erred by weighing evidence and assessing credibility when the appellants had presented competent, substantial evidence establishing a prima facie case.
A motion for involuntary dismissal by the defendant must be denied if the plaintiff has presented competent, substantial evidence that, when considered in a light most favorable to the plaintiff, establishes a prima facie case. The trial judge, even as the ultimate trier of fact, is precluded from weighing evidence or assessing credibility at the stage of an involuntary dismissal motion.
[1] A motion for involuntary dismissal must be denied if the plaintiff has presented competent, substantial evidence establishing a prima facie case, even if the evidence is…
[2] In a nonjury trial, a trial judge is precluded from weighing the evidence or adjudging its credibility when considering a motion for involuntary dismissal.
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Join FLexlaw to unlock all legal intelligence“Florida law is clear that a motion for involuntary dismissal made by the defendant must be denied if the plaintiff has presented competent, substantial evidence (even though conflicting) that, when considered in a light most favorable to plaintiff, establishes a prima facie case.”
Establishes the governing legal standard for evaluating involuntary dismissal motions in Florida
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Join FLexlaw to unlock all legal intelligenceAppellants Valdes and Alfonso sued the defendant HMO for alleged breach of a health insurance contract in a nonjury bench trial. At the close of appel…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
We reverse the entry of final judgment in favor of appellee, the defendant below, pursuant to an involuntary dismissal,1 granted at the close of appellants’ case in chief in a nonjury trial for the alleged breach of a health insurance contract. Florida law is clear that a motion for involuntary dismiss al made by the defendant must be denied if the plaintiff has presented competent, substantial evidence (even though conflicting) that, when considered in a light most favorable to plaintiff, establishes a prima facie case. Tillman v. Baskin, 260 So. 2d 509, 511-12 (Fla.1972); Wygodny v. K-Site 600 Assocs., 644 So. 2d 579, 581 (Fla. 3d DCA 1994); Capital Media, Inc. v. Haase, 639 So. 2d 632, 633 (Fla. 2d DCA 1994); Foster v. City of Gainesville, 579 So. 2d 774, 776 (Fla. 1st DCA 1991); Saporito v. Madras, 576 So. 2d 1342, 1345 (Fla. 5th DCA 1991). At this stage of the proceedings, the trial judge, even though the ultimate trier of fact, is precluded from weighing the evidence or adjudging its credibility. E.g., Wygodny, 644 So. 2d at 581.
Our review of the competent, substantial evidence adduced by appellants in their ease in chief reveals that it sufficiently made a prima facie showing of the existence of a contract for insurance; the breach thereof by appellee and resulting damages by appellants. Where such a prima facie showing was made, the trial court was thus precluded from weighing such evidence and/or adjudging its credibility to enter an involuntary dismissal in favor of appellee. Consequently, the entry of the involuntary dismissal and the final judgment entered pursuant to this dismissal constitute reversible error. Reversed and remanded.
. The final judgment actually recites that it was entered pursuant to a directed verdict but we note that in a bench trial, a Rule 1.420(b), Fla.R.Civ.P. motion for involuntary dismissal is the proper method by which a defendant may obtain a judgment in his favor following the presentation of the plaintiff's case in chief. Tillman v. Baskin, 260 So. 2d 509, 510-11 (Fla.1972); Wygodny v. K-Site 600 Associates, 644 So. 2d 579, 581 n. 2 (Fla. 3d DCA 1994); Thalgott v. Thalgott, 571 So. 2d 1368, 1370 n. 3 (Fla. 1st DCA 1990).
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Teller v. Richert, 744 So. 2d 1230 (Fla. 3d DCA 1999)…wed, as required on a motion for directed verdict or for involuntary dismissal, in a light most favorable to the non-moving party, the father herein. Haskin v. Haskin, 677 So. 2d 376 (Fla. 4th DCA 1996); Valdes v. Association I.N.E.D., H.M.O., Inc., 667 So. 2d 856 (Fla. 3d DCA 1996). . Concerning the allegations of inappropriate conduct toward teenage boys, the father presented the testimony of several witnesses which we find no need to discuss in detail here, but which, if believed, tended to prove the alle…
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Kaitlin Liptak Cozzo v. Cozzo, 186 So. 3d 1054 (Fla. 3d DCA 2015)…Reverse and remanded. . The former husband also filed other motions which are not relevant to this appeal. . In a bench trial, the motion is properly one for involuntary dismissal. Fla. R. Civ. P. 1.420(b); Valdes v. Assoc. I.N.E.D., H.M.O., Inc., 667 So. 2d 856, n. 1 (Fla. 3d DCA 1996).…
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Boyce D. Crowe, Jr. v. Crowe, 763 So. 2d 1183 (Fla. 4th DCA 2000)…evidence then before the court, considered in a light most favorable to the plaintiff, establishes a prima facie case. See Tillman, 260 So. 2d at 511-12; Bottalico, 695 So. 2d at 363 (citation omitted); Valdes v. Association I.N.E.D., H.M.O., Inc., 667 So. 2d 856, 856-57 (Fla. 3d DCA 1996); Cohen v. Boca Woods Country Club Property Owners Ass’n, 632 So. 2d 1142, 1142 (Fla. 4th DCA 1994). In our view, the evidence in this case, summarized below favorably to appellant, clearly met that standard. We therefore r…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Easter Mae Tillman v. Baskin, 260 So. 2d 509 (Fla. 1972)
- Arman Saporito v. Madras, 576 So. 2d 1342 (Fla. 5th DCA 1991)
- Thalgott v. Thalgott, 571 So. 2d 1368 (Fla. 1st DCA 1990)
- Cap. Media v. Haase, 639 So. 2d 632 (Fla. 2d DCA 1994)
- Foster v. City OF Gainesville, 579 So. 2d 774 (Fla. 1st DCA 1991)
- Sol Fishman, M.D., P.A. v. James Neiman, M.D., 644 So. 2d 579 (Fla. 2d DCA 1994)
- Wygodny v. K-Site 600 Assocs., 644 So. 2d 579 (Fla. 3d DCA 1994)