MARVIN WAYNE JOHNSTON, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (16 total)

• Sheldon Greene & Assocs., Inc. v. Williams Island Assocs., 550 So. 2d 1142 (Fla. 3d DCA 1989)
  …is error to direct a verdict before a plaintiff has completed presentation of his evidence. Porro v. Franco, 448 So. 2d 614, 615 (Fla. 3d DCA 1984), and cases cited therein; accord Dodge v. Weiss, 191 So. 2d 71 (Fla. 1st DCA 1966); Sapp v. Redding, 178 So. 2d 204 (Fla. 1st DCA 1965). But cfi Wilfork v. Associated Grocers, 343 So. 2d 84, 85 (Fla. 3d DCA 1977) (“Though, as a matter of law, it is not prima facie error to direct a verdict in favor of a defendant prior to the completion of the plaintiff’s case, F…
• Dodge v. Joseph Weiss et ux., 191 So. 2d 71 (Fla. 1st DCA 1966)
  ….7, Florida Rules of Civil Procedure, 31 F.S.A.” A motion for a directed verdict cannot, of course, be properly made by the defendant until the plaintiff has completed the presentation of his evidence, as we pointed out in Sapp v. Redding, Fla.App., 178 So. 2d 204 (1965). In the latter case we also directly held: “No judicial interpretation is required to demonstrate that the condition precedent to a defendant’s making, and the trial court’s granting, of a motion for involuntary dismissal of the plaintiff’s…
• Floyd v. OTT, 221 So. 2d 163 (Fla. 2d DCA 1969)
  …that the trial judge may not direct a verdict against the plaintiff prior to the presentation of all her evidence, citing Southern Wood Industries, Inc. v. Florida Carolina Lumber Company, Fla.1956, 84 So. 2d 589, and Sapp v. Redding, Fla.App.1965, 178 So. 2d 204. F.R.C.P. 1.-480, 30 F.S.A. seems to assume that the plaintiff is allowed to conclude his case, but it is obvious that there may be instances in which some fact which is uncon-troverted and uncontrovertible may be elicited at trial which determines…

Authorities Cited

• Lamb v. State, 91 Fla. 396 (Fla. 1926)
• Kinsey v. State, 155 Fla. 159 (Fla. 1944)