THOMAS WELLS, APPELLANT,
v.
LOIS SACKS, AS TRUSTEE FOR THE LOIS N. SACKS REVOCABLE LIVING TRUST ETC., ET AL., APPELLEES
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Thomas Wells appeals the trial court’s order which, following a final evidentiary hearing, granted Appellee Lois Sacks’ motion for involuntary dismissal of Wells’ Request for Relief in' Proceedings Supplementary. Upon our de novo review, see Maggolc, Inc. v. Roberson, 116 So.3d 556 (Fla. 3d DCA 2013); Salauddin v. Bank of America, N.A., 150 So.3d 1189 (Fla. 4th DCA 2014), we hold that the trial court properly entered an order of involuntary dismissal; as Wells failed to establish a prima facie case, pursuant to section 56.29(6)(a), Florida Statutes (2010), that Robert Sacks held title to the personal property in the trust, and that the removal of Robert Sacks as an alternate co-trustee constituted a transfer. Cf. Treated Timber Products, Inc., v. S & A Assoc., Inc., 488 So.2d 159 (Fla. 1st DCA 1986). We find *1224the other issues raised by Wells to be without merit.
Affirmed.
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Nationstar Mortg. v. Silva, 239 So. 3d 782 (Fla. 3d DCA 2018)…e change in the default date in the Complaint.” The trial court entered a final order on the Silva’s motion dismissing the case. This appeal followed. Standard of Review We review an order of involuntary dismissal de novo. See Wells v. Sacks, 180 So. 3d 1223 (Fla. 3d DCA 2015). A motion for involuntary dismissal should be granted only “when there is no reasonable evidence upon which a [fact finder] could legally predicate a verdict in favor of the non-moving party.” Tylinski v. ---PAGE 4--- Klein Au…
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Deutsche Bank Nat'l Tr. Co. v. Altos DEL MAR (7701 Collins AYE) LLC, 187 So. 3d 930 (Fla. 3d DCA 2016)…se the trial court erroneously, and in violation of Florida Rule of CM Procedure 1.420(b), granted the dismissal before Deutsche Bank was permitted to present, and complete the presentation of, its case. Following our de novo review, Wells v. Sacks, 180 So. 3d 1223 (Fla. 3d DCA 2015), we agree. The parties appeared for trial and, before Deutsche Bank began its formal presentation of evidence, the trial court asked Deutsche Bank’s counsel for a proffer of the evidence it intended to present. At the conclusion…
Authorities Cited
- Maggolc, Inc. v. Roberson, 116 So. 3d 556 (Fla. 3d DCA 2013)
- Mohammad Salauddin v. Bank OF Am., N.A., 150 So. 3d 1189 (Fla. 4th DCA 2014)
- Treated Timber Prods., Inc. v. S & A Assocs., Inc., 488 So. 2d 159 (Fla. 1st DCA 1986)