DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR J.P. MORGAN MORTGAGE ACQUISITION TRUST 2007-CH1, ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2007 CH1, APPELLANT,
v.
JANET STONE AND ROBERT STONE, APPELLEES
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Deutsche Bank appealed a trial court's order involuntarily dismissing its foreclosure action before presenting all evidence. The appellate court reversed, holding that the trial court erred by dismissing the case before Deutsche rested and by improperly weighing evidence regarding admissibility of a notice of default letter.
The trial court reversibly erred by involuntarily dismissing the foreclosure action before Deutsche rested its case. Additionally, the notice of default letter should have been admitted under the business records hearsay exception, as the trial court improperly weighed evidence in making its admissibility determination.
[1] A trial court may not order an involuntary dismissal of a case before the plaintiff rests its case.
[2] In considering a motion for involuntary dismissal, a trial court judge may not weigh the evidence.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“pursuant to rule 1.420(b), a trial court may not order an involuntary dismissal of a case before a plaintiff rests its case.”
Establishes the fundamental procedural rule violated by the trial court
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Join FLexlaw to unlock all legal intelligenceDeutsche Bank brought a foreclosure action against Janet and Robert Stone. During the bench trial, before Deutsche completed presenting its case-in-ch…
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On Confession of Error
Appellant, Deutsche Bank National Trust Company (“Deutsche”), appeals the trial court’s order involuntarily dismissing its foreclosure action before the close of its case-in-chief. Appellees concede, and we agree, that the trial court reversibly erred in involuntarily dismissing the foreclosure action before Deutsche rested its case. See Fla. R. Civ. P. 1.420(b) (providing that in bench trials, “[a]fter a party seeking affirmative relief ... has completed the presentation of evidence, any other party may move for a dismissal on the ground that on the facts and the law the party seeking affirmative relief has shown no right to relief .... ”); see also Wachovia Mortg., FSB v. Montes, 156 So.3d 1105, 1106 (Fla. 4th DCA 2015) (agreeing with other Florida courts that “pursuant to rule 1.420(b), a trial court may not order an involuntary dismissal of a case before a plaintiff rests its case.”).
This error was compounded by the fact that the trial court based its decision to involuntarily dismiss the foreclosure action on its incorrect ruling regarding the admissibility of the notice of default letter. See Haskin v. Haskin, 677 So.2d 376, 377 (Fla. 4th DCA 1996) (holding that in considering a motion for involuntary dismissal, a trial court judge may not weigh the evidence). Based on the trial testimony of Deutsche’s witness, the notice of default letter should have been admitted under the business records hearsay exception pursuant to our holding in Bank of New York v. Calloway, 157 So.3d 1064, 1069-72 (Fla. 4th DCA 2015). We therefore reverse and remand for a new trial.
Reversed and remanded.
TAYLOR and MAY, JJ., concur.
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Dev D. Dabas and Sumedha Dabas v. Boston Invs. Grp., Inc., 231 So. 3d 542 (Fla. 3d DCA 2017)…he trial court must vacate the judgment.” Wiggins v. Tigrent, Inc., 147 So. 3d 76, 81 (Fla. 2d DCA 2014). Because the issue of whether a judgment is void presents a question of law, we review; the trial court’s ruling de novo. See Vercosa v. Fields, 174 So. 3d 550, 552 (Fla. 4th DCA 2015) (“Whether a judgment is void is a question of law reviewed de novo.”), “A void judgment is so defective that it is deemed never to have had legal force and effect.” Sterling Factors Corp. v. U.S. Bank Nat’l Ass’n, 968 So. 2…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Bank OF NEW York for the Noteholders Cwabs Inc. v. Calloway, 157 So. 3d 1064 (Fla. 4th DCA 2015)
- Haskin v. Haskin, 677 So. 2d 376 (Fla. 4th DCA 1996)
- Wachovia Mortg., FSB v. Montes, 156 So. 3d 1105 (Fla. 4th DCA 2015)