SECURITY ABSTRACT AND INSURANCE COMPANY, D/B/A STEWART TITLE OF PALM BEACH COUNTY, APPELLANT,
v.
FIDELITY NATIONAL TITLE INSURANCE COMPANY OF PENNSYLVANIA, DARRYL J. TYSON, VICTORIA L. SAMPSON, AND ARLENE D. BURNETTE, APPELLEES
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The court held that the trial court properly granted an involuntary dismissal of all counts because the plaintiff failed to establish a prima facie case. However, the order awarding costs was reversed for reconsideration.
[1] An involuntary dismissal is proper when the evidence, viewed in the light most favorable to the non-moving party, fails to establish a prima facie case on the non-moving…
[2] A plaintiff must establish a prima facie case on each count of a complaint to avoid involuntary dismissal.
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Join FLexlaw to unlock all legal intelligenceStewart Title sued Fidelity, its employees, and managers alleging breach of fiduciary duty, conspiracy, tortious interference, misappropriation of tra…
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POLEN, Judge.
In case number 95-0193, Security Abstract and Insurance Co. d/b/a Stewart Title of Palm Beach County (Stewart Title) appeals from a Final Judgment of Involuntary Dismissal entered in favor of Fidelity National Title Insurance Company of Pennsylvania (Fidelity), Darryl Tyson, Victoria L. Sampson and Arlene Burnette. In case number 95-1272, Stewart Title appeals from an Order on Motion for Costs. We sua sponte consolidate these cases for opinion purposes; we affirm the granting of the involuntary dismissal, but reverse the order granting costs.
Stewart Title and Fidelity are competing title insurance companies. Victoria Sampson and Arlene Burnette terminated their employment with Stewart Title and went to work for Fidelity. As a result, Stewart Title filed a multi-count complaint against Fidelity, Darryl Tyson (a district manager and officer of Fidelity), and Sampson and Burnette alleging that Sampson and Burnette breached their fiduciary duty to Stewart Title, as well as a conspiracy by all parties to have Sampson and Burnette breach this duty of loyalty. Counts for tortious interference with a business relationship, misappropriation of trade secrets, and unfair competition were also included in this complaint.
We hold that the trial 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, reverse the order awarding costs for the trial court to consider the Statewide Uniform Guidelines for the Taxation of Costs in Civil Actions in determining whether each item of costs is taxable. AFFIRM IN PART, REVERSE IN PART.
WARNER and STEVENSON, JJ., concur.
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Luciani v. Nealon, 181 So. 3d 1200 (Fla. 5th DCA 2015)…as the non-moving party, we conclude that Appellant failed to establish a prima facie case as to his causes of action for fraud, undue influence, and lack of testamentary capacity.3 See Sec. Abstract & Ins. Co. v. Fid. Nat’l Title Ins. Co. of Penn., 668 So. 2d 658, 658 (Fla. 4th DCA 1996) (holding that the trial court properly granted an involuntary dismissal as to all counts at the close of plaintiffs case because plaintiff failed to establish a prima facie case as to any of the counts). Accordingly, because…
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Fischer v. Fischer, 195 So. 3d 1170 (Fla. 4th DCA 2016)…h DCA 1986) (holding that the trial court reversibly erred in dismissing the multi-count complaint in its entirety when the facts therein supported at least one cause of action); see also Sec. Abstract & Ins. Co. v. Fid. Nat’l Title Ins. Co. of Pa., 668 So. 2d 658, 658 (Fla. 4th DCA 1996) (holding that the trial court properly dismissed the entire multi-count complaint because the plaintiff “failed to establish a prima facie case as to any of [the counts]”). Here, before his case was dismissed, Former Husban…
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Braxton v. Holmes Cnty. Election Canvassing Bd., 870 So. 2d 958 (Fla. 1st DCA 2004)…negligence counts. We affirm the trial court’s ruling rejecting Braxton’s claims of fraud and gross negligence in the election process because he failed to present a prima facie case. See Sec. Abstract & Ins. Co. v. Fid. Nat’l Title Ins. Co. of Pa., 668 So. 2d 658 (Fla. 4th DCA 1996)(affirming the trial court’s involuntary dismissal at the close of plaintiffs case because the plaintiff failed to establish a prima facie case); Robinson v. Wright, 425 So. 2d 589 (Fla. 3d DCA 1982)(same); Fla. R. Civ. P. 1.420(b…
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- Cohen v. Boca Woods Country Club Prop. Owners Ass'n, Inc., 632 So. 2d 1142 (Fla. 4th DCA 1994)