JOHN WILLIE ROBBINS, JR.
v.
THE BANK OF NEW YORK MELLON, ETC.
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This Florida appellate court affirmed a lower court's decision in a case involving John Willie Robbins Jr. and The Bank of New York Mellon, addressing the trial court's discretion to allow a party to reopen its case and present additional evidence.
The trial court has broad discretion to allow a party to reopen its case and present additional evidence at various stages of proceedings, including after a party rests, after the close of all evidence, or even after a directed verdict has been issued.
[1] Trial courts possess broad discretion to allow a party to reopen its case and present additional evidence at any stage of proceedings, including after a party rests, afte…
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Join FLexlaw to unlock all legal intelligence“The trial court has broad discretion to allow a party to reopen its case throughout all stages of the proceedings.”
Establishes the core holding regarding trial court discretionary authority over case reopening
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe opinion does not provide detailed factual background, presenting only a per curiam affirmance on appeal from the Circuit Court for Miami-Dade Coun…
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Opinion filed October 30, 2024. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D23-1281 Lower Tribunal No. 16-32967 ________________ John Willie Robbins Jr.,
Appellant,
vs.
The Bank of New York Mellon, etc., Appellee. An Appeal from the Circuit Court for Miami-Dade County, Peter R. Lopez, Judge. Robert Flavell, P.A., and Robert Flavell (Celebration), for appellant. McGlinchey Stafford, William L. Grimsley, and Kimberly Held Israel (Jacksonville), for appellee. Before LOGUE, C.J., and SCALES and MILLER, JJ. PER CURIAM.
Affirmed. See, e.g., Loftis v. Loftis, 208 So. 3d 824, 826 (Fla. 5th DCA 2017) (“The trial court has broad discretion to allow a party to reopen its case throughout all stages of the proceedings.”); Amador v. Amador, 796 So. 2d 1212, 1213 (Fla. 3d DCA 2001) (“As a general rule, the trial court has broad discretion to allow a party to reopen its case and present additional evidence, whether it does so after a party rests, after the close of all evidence, or even after having directed a verdict for one party.”) (quoting Silber v. Cn’R Indus.
of Jacksonville, Inc., 526 So. 2d 974, 978 (Fla. 1st DCA 1988)) (internal brackets omitted); Fla. R. Civ. P. 1.530(a) (“On a motion for rehearing of matters heard without a jury, including summary judgments, the court may open the judgment if one has been entered, take additional testimony, and enter a new judgment.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gilbert v. In re Riley (Fla. 3d DCA 2026)…iciaries whereas Willie is the only beneficiary of the 2000 Will. The trial court denied the motion. This appeal followed. STANDARD OF REVIEW This Court reviews an order on a motion to reopen an estate for an abuse of discretion. Loftis v. Loftis, 208 So. 3d 824, 826 (Fla. 5th DCA 2017). A claim of deprivation of procedural due process is generally an issue of law reviewed de novo, but we review underlying factual findings by examining the record to determine whether they are supported by competent [*7] sub…
Authorities Cited
- Silber v. Cn'R Indus. OF Jacksonville, Inc., 526 So. 2d 974 (Fla. 1st DCA 1988)
- Eugenio J. Amador v. Amador, 796 So. 2d 1212 (Fla. 3d DCA 2001)
- Dawnmarie Loftis v. Loftis, 208 So. 3d 824 (Fla. 5th DCA 2017)