WELLS FARGO BANK, N.A., APPELLANT,
v.
DENISE TRICE, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Wells Fargo Bank appealed the trial court's dismissal of its foreclosure action against Denise Trice. The court reversed, holding that the trial court erred by dismissing the case sua sponte before the bank had completed presenting its evidence, violating the procedural rule requiring dismissal only after a party seeking affirmative relief has finished presenting its case.
The trial court erred in dismissing the case sua sponte before the bank had completed presenting its evidence. Under Florida Rule of Civil Procedure 1.420(b), an involuntary dismissal for lack of evidence is proper only after a party seeking affirmative relief in a bench trial has completed the presentation of evidence.
[1] A trial court may not sua sponte dismiss an action for lack of evidence before the plaintiff seeking affirmative relief has completed the presentation of its evidence.
[2] A trial court errs by granting an involuntary dismissal while the plaintiff is still presenting its case, even if an objection to evidence has been sustained.
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“The governing rule of civil procedure provides for an involuntary dismissal for lack of evidence only '[a]fter a party seeking affirmative relief in an action tried by the court without a jury has completed the presentation of evidence.'”
Establishes the controlling legal standard that dismissal for lack of evidence is improper before completion of evidence presentation
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceIn May 2009, Wells Fargo filed a two-count complaint for mortgage foreclosure and to reestablish a lost note. In April 2010, the bank filed the origin…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Leave To Amend Complaint cases and more on FLexlaw
Wells Fargo Bank, N.A. (“Bank”), appeals the final order dismissing its foreclosure action against Denise Trice (“Appel-lee”) and the denial of its motion for new trial. Concluding that the trial court erred in sua sponte dismissing the action before Bank had rested its case, we reverse.
In May 2009, Bank filed a two-count complaint against Appellee, with count I alleging a cause of action for mortgage foreclosure and count II an action to reestablish a lost note. Bank claimed that it was the holder of the note and mortgage and was otherwise entitled to enforce the note and mortgage. A copy of the mortgage, which identifies Mortgage Investors Corporation as the original lender, was attached to the complaint. A copy of the note was not attached to the complaint, but in the second count, Bank described the specific terms of the note.
In April 2010, Bank filed the original note with the court and provided a copy to Appellee. The note contained two undated endorsements. One endorsement was in blank and the other endorsement was to Bank. The terms of the note were consistent with the allegations in count II describing the lost note. Having filed the original note, Bank contemporaneously filed a notice voluntarily dismissing its count to reestablish the lost note.
More than four years later, this case proceeded to a bench trial. Bank had previously listed the promissory note as one of its trial exhibits. Bank attempted to introduce the original note into evidence at trial through its first witness. Appellee *1266objected, primarily arguing that Bank had never moved to amend its complaint to include the specific note that Bank was now seeking to admit into evidence. Bank responded that an amendment to the complaint was not necessary because it was only pursuing the foreclosure count of its complaint. The court sustained the objection, at which point Bank requested leave to amend its complaint to attach a copy of the original note and, if necessary, to continue the trial. The court denied leave to amend and sua sponte dismissed'the case prior to Bank completing the presentation of its case.
“The governing rule of civil procedure provides for an involuntary dismissal for lack of evidence only ‘[ajfter a party seeking affirmative relief in an action tried by the court without a jury has completed the presentation of evidence.’ ” Deutsche Bank Nat’l Trust Co. v. Santiago, 117 So.3d 1146, 1147 (Fla. 3d DCA 2013) (quoting Fla. R. Civ. P. 1.420(b)). Herd, Bank had barely begun presenting its case before the court, after sustaining Appellee’s objection to the original note being admitted into evidence, sua sponte dismissed the case. • This was error. See SJS Enters., Inc. v. Cates, 547 So.2d 226, 227 (Fla. 4th DCA 1989) (stating a trial court cannot “jump the gun” by granting involuntary dismissal while plaintiff was presenting its first witness). It was of no relevance at that point whether Bank would have been able to prove its case. Accordingly, we reverse the final order of dismissal and remand for a new trial.1
REVERSED and REMANDED. ’
PALMER and ORFINGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- SJS Enters., Inc. v. Cates, 547 So. 2d 226 (Fla. 4th DCA 1989)
- Deutsche Bank Nat'l Tr. Co. v. Santiago, 117 So. 3d 1146 (Fla. 3d DCA 2013)
- Bank OF Am., N.A. v. Lukas, 166 So. 3d 965 (Fla. 4th DCA 2015)