EASTER MAE TILLMAN, APPELLANT,
v.
BOBBIE JEAN BASKIN AND ELIZABETH BENTON, APPELLEES
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In this gross negligence case tried without a jury, the trial judge granted the defendant's motion for directed verdict at the close of plaintiff's case. The appellate court affirmed, holding that in non-jury trials, a directed verdict motion is equivalent to a motion for involuntary dismissal, and the trial judge as fact-finder has discretion to weigh evidence and resolve credibility issues.
The court affirmed the directed verdict, holding that in non-jury trials, a motion for directed verdict is equivalent to a motion for involuntary dismissal under Rule 1.420(b). The trial judge, as fact-finder, has authority to weigh evidence, resolve conflicts, and judge witness credibility, and may enter judgment for the defendant if plaintiff's evidence is insufficient to merit judgment.
[1] In a non-jury trial, a motion for directed verdict is treated as a motion for involuntary dismissal.
[2] In a non-jury trial, the judge, as trier of fact, may weigh the evidence, resolve conflicts, and pass upon witness credibility when ruling on a motion for involuntary dis…
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Join FLexlaw to unlock all legal intelligence“In non-jury trials, a motion for directed verdict is tantamount to a motion for involuntary dismissal under Rule 1.-420(b), 30 F.S.A. Thus, the trial judge as trier of the fact was governed by different criteria and was entitled to weigh the evidence, resolve conflicts and pass upon the credibility of the witnesses.”
Establishes the key legal distinction that controls appellate review of directed verdicts in bench trials versus jury trials
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Join FLexlaw to unlock all legal intelligencePlaintiff Easter Mae Tillman brought a gross negligence action against defendants Bobbie Jean Baskin and Elizabeth Benton. The case was tried to the c…
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This was a gross negligence case tried non-jury.
The trial judge granted defendants’ motion for a directed verdict at the close of plaintiff’s case and thereafter entered final judgment. Plaintiffs appeal. We affirm.
As concerns the evidence, it was adequate to withstand such motion under the criteria that obtains in jury trials. See discussion at 32 Fla.Jur., Trial, § 83 et seq. Plaintiff’s appellate presentation supposes that these criteria are available here and she argues that there were inferences that favored her case and relies upon Cadore v. Karp, Fla.1957, 91 So.2d 806.
But, as stated, this was a non-jury trial. In non-jury trials, a motion for directed verdict is tantamount to a motion for involuntary dismissal under Rule 1.-420(b), 30 F.S.A.1 Thus, the trial judge *749as trier of the fact was governed by different criteria and was entitled to weigh the evidence, resolve conflicts and pass upon the credibility of the witnesses. If in this light the court finds that plaintiff’s evidence is insufficient to merit judgment, the court may enter judgment at that point for the defendant. Gibson v. Gibson, Fla.App.1965, 180 So.2d 388; Johnson v. Harris, Fla.App.1966, 188 So.2d 888; John I. Moss Inc. v. Cobbs Company, Fla.App.1967, 198 So.2d 872; Lorber v. Aetna Life Insurance Company, Fla.App. 1968, 207 So.2d 305. See also Dodge v. Weiss, Fla.App.1966, 191 So.2d 71; and Tampa Wholesale Co. v. Foodtown, U.S.A., Inc., Fla.App. 1964, 166 So.2d 711.
We have reviewed the evidence and are of the opinion, in light of the presumption of correctness that attends the judgment appealed, that reversible error has not been demonstrated.
Affirmed.
McCAIN and REED, JJ., concur.
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Cited By
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Easter Mae Tillman v. Baskin, 260 So. 2d 509 (Fla. 1972)…ERVIN, Justice. We have for review on petition for writ of certiorari the decision of the District Court of Appeal, Fourth District, in Tillman v. Baskin, Fla.App. 1971, 242 So. 2d 748. At the close of the plaintiff’s case in this non jury, gross negligence action, the trial judge granted the defendants’ motion for directed verdict and entered a final judgment in their favor. On appeal, the Fourth District Court affirmed. The Dis…
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Lake Charleston Maint. Ass'n, Inc. v. Farrell, 16 So. 3d 182 (Fla. 4th DCA 2009)…e 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....” Fla. R. Civ. P. 1.420(b) (emphasis added); see Tillman v. Baskin, 242 So. 2d 748, 748 n. 1 (Fla. 4th DCA 1971), rev’d in part on other grounds, 260 So. 2d 509-10 (Fla.1972) (noting that a court may, [*185] in a non-jury trial, enter judgment for the defendant if it finds that the “plaintiffs case is insufficient to merit judgmen…
Authorities Cited
- McCRORY v. Kelly, 91 So. 2d 806 (Fla. 1956)
- Cadore v. Karp, 91 So. 2d 806 (Fla. 1957)
- Tipper v. Riverton Tower, Inc., 207 So. 2d 305 (Fla. 1st DCA 1968)
- Tampa Wholesale Co. v. Foodtown, 166 So. 2d 711 (Fla. 2d DCA 1964)
- Gibson v. Gibson, 180 So. 2d 388 (Fla. 1st DCA 1965)
- Dodge v. Joseph Weiss et ux., 191 So. 2d 71 (Fla. 1st DCA 1966)
- Grimes v. Beard, 198 So. 2d 872 (Fla. 2d DCA 1966)
- John I. Moss, Inc. v. The Cobbs Co., Inc., 198 So. 2d 872 (Fla. 3d DCA 1967)
- Johnson v. Harris, 188 So. 2d 888 (Fla. 1st DCA 1966)