MATTHEW BOTTALICO, APPELLANT,
v.
LEE ANTONELLI, APPELLEE
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BROWN, LUCY C., Associate Judge.
We reverse the “Final Judgment of Directed Verdict” entered by the trial court at the conclusion of the plaintiffs case in a non-jury trial. The trial court’s action amounted to an involuntary dismissal, 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. v. Lanier, 371 So. 2d 1083, 1084 (Fla. 4th DCA 1979) (citing Tillman v. Baskin, 260 So. 2d 509 (Fla.1972)); see also Haskin v. Haskin, 677 So. 2d 376 (Fla. 4th DCA 1996). As in Haskin, it is apparent from the face of the final judgment that the trial judge improperly weighed the evidence. This compels reversal and a new trial.
REVERSED AND REMANDED for a new trial.
GLICKSTEIN and STEVENSON, JJ., concur.
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Hack v. The Est. OF Dorothy T. Helling, 811 So. 2d 822 (Fla. 5th DCA 2002)…ed evidence in the record, that Hell-ing lacked sufficient mental capacity to execute any of the 1992 testamentary documents. In ruling on such a motion, the trial court may not weigh and judge the credibility of the evidence. Bottalico v. Antonelli 695 So. 2d 363 (Fla. 4th DCA 1997); Foster; Thalgott. But, in its written ruling, the court clearly stated it considered the “weight and credibility” of the evidence and testimony presented at trial, and found Janes’ witnesses more credible than the appellants’ on…
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Perez v. Perez, 973 So. 2d 1227 (Fla. 4th DCA 2008)…dgment at the close of the plaintiffs case in a non-jury trial is properly denominated as a motion to dismiss rather than a motion for directed verdict. Hack v. Estate of Helling, 811 So. 2d 822, 823 n. 1 (Fla. 5th DCA 2002); Bottalico v. Antonelli, 695 So. 2d 363 (Fla. 4th DCA 1997); Townsend v. Ward, 429 So. 2d 404, 407 n. 3 (Fla. 1st DCA 1983). In reviewing the record, we must view the evidence presented in a light most favorable to the plaintiff. Hack, 811 So. 2d at 823. An involuntary dismissal is prope…
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Boyce D. Crowe, Jr. v. Crowe, 763 So. 2d 1183 (Fla. 4th DCA 2000)…Tillman v. Baskin, 260 So. 2d 509, 510-11 (Fla.1972). We have recognized that granting a motion for directed verdict in a bench trial is the functional equivalent of granting a motion for involuntary dismissal. See generally Bottalico v. Antonelli, 695 So. 2d 363 (Fla. 4th DCA 1997).…
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- Easter Mae Tillman v. Baskin, 260 So. 2d 509 (Fla. 1972)
- Haskin v. Haskin, 677 So. 2d 376 (Fla. 4th DCA 1996)
- Serv. Facilities Corp. v. Lanier, 371 So. 2d 1083 (Fla. 4th DCA 1979)
- Cohen v. Boca Woods Country Club Prop. Owners Ass'n, Inc., 632 So. 2d 1142 (Fla. 4th DCA 1994)