SIGMUND PREISNER, APPELLANT,
v.
KENNETH D. CROPF AND ARTHUR F. LIST, INDIVIDUALLY AND JOINTLY, APPELLEES

Fla. 4th DCA | 1973-05-29
No. 72-456
REED, C. J., and MAGER, J., concur.
278 So. 2d 295 Florida District Court of Appeal, Fourth District (1973) Positive Treatment
Cited by 8 cases
Topics
Involuntary Dismissal Standard Weighing Evidence Involuntary Dismissal Standard

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Opinion of the Court
OWEN, Judge.

OWEN, Judge.

Appellant, alleging fraud, sought restitution of the money which he had paid in part performance of his agreement to purchase a one-third interest in appellees’ business. The case was tried nonjury, and at the close of the plaintiff’s case, the court granted the defendants’ motion for involuntary dismissal and subsequently entered final judgment in favor of defendants.

The plaintiff’s evidence, viewed most favorably to him, established a prima facie case of fraud. It is apparent that the trial court, in considering the defendants’ motion for an involuntary dismissal, undertook to weigh the evidence as the trier of the facts and that it was upon such basis that he determined that the motion should be granted. This he may not do. Tillman v. Baskin, Fla.1972, 260 So.2d 509.

The judgment is reversed and the cause remanded for a new trial.

Reversed and remanded.

REED, C. J., and MAGER, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Wimbledon Townhouse Condo. I v. Wolfson, 510 So. 2d 1106 (Fla. 4th DCA 1987)
    …ase is made by plaintiff, fairness would appear to require that the trial judge weigh it in the light of strength or weakness of the defendant’s evidence, if any, as in the case of a jury trial. The same conclusion was reached in Preisner v. Cropf, 278 So. 2d 295 (Fla. 4th DCA 1973); Hart v. Bankers Fire and Casualty Insurance Co., 320 So. 2d 485 (Fla. 4th DCA 1975); Alcott v. Wagner and Becker, Inc., 328 So. 2d 549 (Fla. 4th DCA 1976); Buchanan Construction, Inc. v. City of Tallahassee, 308 So. 2d 613 (Fla.…
  • Panet v. Rexod Corp., 345 So. 2d 825 (Fla. 4th DCA 1977)
    …ase is made by plaintiff, fairness would appear to require that the trial judge weigh it in the light of strength or weakness of the defendant’s evidence, if any, as in the case of a jury trial. The same conclusion was reached in Preisner v. Cropf, 278 So. 2d 295 (Fla. 4th DCA 1973); Hart v. Bankers Fire and Casualty Insurance Co., 320 So. 2d 485 (Fla. 4th DCA 1975); Alcott v. Wagner and Becker, Inc., 328 So. 2d 549 (Fla. 4th DCA 1976); Buchanan Construction, Inc. v. City of Tallahassee, 308 So. 2d 613 (Fla.…
  • N. Am. Mktg. Corp., Inc. v. The Travelers Ins. Co., 405 So. 2d 1019 (Fla. 3d DCA 1981)
    …facie case. Tillman v. Baskin, 260 So. 2d 509 (Fla.1972); Murphy v. Community Centers Corporation, 393 So. 2d 623 (Fla. 1st DCA 1981); Buchanan Construction, Inc. v. City of Tallahassee, 308 So. 2d 613 (Fla. 1st DCA 1975); accord, Preisner v. Cropf, 278 So. 2d 295 (Fla. 4th DCA 1973). Reversed and remanded for a new trial.…

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