DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., APPELLANT,
v.
ALTOS DEL MAR (7701 COLLINS AYE) LLC, ET AL., APPELLEES
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Deutsche Bank appeals an involuntary dismissal entered before it could present its case-in-chief at a bench trial. The Third District Court of Appeal reversed, holding that Florida Rule of Civil Procedure 1.420(b) requires a court to allow a party to complete presentation of its evidence before granting an involuntary dismissal, even if the party provided a proffer of intended evidence.
The trial court erred in entering an involuntary dismissal before Deutsche Bank completed presentation of its case-in-chief. A proffer of testimony does not satisfy the procedural requirements of Rule 1.420(b) or due process concerns; a party must be allowed to actually present its evidence before an involuntary dismissal can be granted.
[1] An involuntary dismissal under Florida Rule of Civil Procedure 1.420(b) is improper before the party seeking affirmative relief has completed the presentation of its case…
[2] A trial court errs by entering an involuntary dismissal based on a proffer of evidence without allowing the party to complete its case-in-chief.
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“After a party seeking affirmative relief in an action tried by the court without a jury 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”
The controlling language of Rule 1.420(b) requiring completion of evidence presentation before dismissal
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDeutsche Bank and Altos Del Mar proceeded to trial before the court without a jury. Before Deutsche Bank began its formal presentation of evidence, th…
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Deutsche Bank National Trust Company appeals an order of involuntary dismissal entered against Deutsche Bank and a final judgment entered in favor of Altos Del Mar (7701 Collins Ave), LLC.
Deutsche Bank contends that that the involuntary dismissal must be reversed because 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 of that proffer, the trial court entered an order of involuntary dismissal and entered final judgment in favor of appellees.
Florida Rule of Civil Procedure 1.420(b) provides:
After a,party seeking affirmative relief in an action tried by the court without a. jury 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, without waiving the right to offer evidence if the motion, is not granted.
The trial court committed error when it entered an involuntary dismissal before giving Deutsche Bank the opportunity to present its case-in-chief. See Deutsche Bank Nat’l Trust Co. v. Santiago, 117 So.3d 1146 (Fla. 3d DCA 2013) (reversing and remanding for new trial, holding trial court violated rule 1.420(b) when it entered an involuntary dismissal of the foreclosure action before plaintiff rested -its case); Porro v. Franco, 448 So.2d 614, 615 (Fla. 3d DCA 1984) (holding “trial court was without authority to dismiss the petitioner’s case before completion of the case in chief’); Wachovia Mort., FSB v. Montes, 156 So.3d 1105, 1106 (Fla. 4th DCA 2015) (holding that “in a bench trial, an involuntary dismissal is appropriate where the plaintiff fails to establish a prima facie case. By definition therefore, Florida courts have held on numerous occasions 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.”) (Internal citations omitted.)
We reject appellees’ contention that the opportunity to make a complete proffer prior to entering the involuntary dismissal satisfied due process concerns and compels affirmance. We have previously rejected such an argument. See A.N. v. M.F.-A., 946 So.2d 58 (Fla. 3d DCA-2006) (holding-trial court erred in dismissing case based upon a proffer of testimony by attorneys because it denied petitioners the opportunity to complete their case-in-chief and *932thus, denied them due process); Sheldon Greene & Assoc., Inc. v. Williams Island Assoc., 550 So.2d 1142 (Fla. 3d DCA 1989) (holding it was error to direct a verdict before the plaintiff completed presentation of its evidence even where the court allowed plaintiff to proffer the evidence it would have introduced). We discern no basis to reconsider those decisions or to distinguish their application to the facts of the instant case.
Accordingly, we hold that the trial court erred in granting the voluntary dismissal without first allowing Deutsche Bank to present its case-in-chief, and reverse the final judgment and the order of involuntary dismissal. We do not reach the other issues raised on appeal.
Reversed and remanded for a new trial.
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Olguin v. Anien Y. Olguin, 339 So. 3d 1061 (Fla. 2d DCA 2022)…y to be heard."). Further, even if a plaintiff is permitted to proffer evidence, it is error to order an involuntary dismissal before the plaintiff presents his case-in-chief. See Deutsche Bank Nat'l Tr. Co. v. Altos Del Mar (7701 Collins Ave) LLC, 187 So. 3d 930, 931 (Fla. 3d DCA 2016) ("We reject appellees' contention that the opportunity to make a complete proffer prior to entering the involuntary dismissal satisfied due process concerns and compels affirmance."). Thus, even though the trial court asked…
Authorities Cited
- Sheldon Greene & Assocs., Inc. v. Williams Island Assocs., 550 So. 2d 1142 (Fla. 3d DCA 1989)
- A.N. and A.N. v. M.F.-A. and J.A., 946 So. 2d 58 (Fla. 3d DCA 2006)
- Deutsche Bank Nat'l Tr. Co. v. Santiago, 117 So. 3d 1146 (Fla. 3d DCA 2013)
- Wachovia Mortg., FSB v. Montes, 156 So. 3d 1105 (Fla. 4th DCA 2015)
- Porro v. Franco, 448 So. 2d 614 (Fla. 3d DCA 1984)
- Wells v. Lois Sacks for the Lois N. Sacks Revocable Living Tr., 180 So. 3d 1223 (Fla. 3d DCA 2015)