D. L. CURLS, AS TRUSTEE, APPELLANT,
v.
ERNEST TEW, INDIVIDUALLY AND AS TRUSTEE, INVESTMENT ENTERPRISES, INC., A FLORIDA CORPORATION, AND ERNEST TEW & ASSOCIATES, INC., A FLORIDA CORPORATION, APPELLEES
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Appellant brought suit for rescission of a land sale contract and return of a $20,000 binder payment. The trial court granted an involuntary dismissal at the close of plaintiff's evidence. The appellate court reversed, holding that the motion was improperly granted because substantial competent evidence supported plaintiff's claim.
The involuntary dismissal was improperly entered because the record clearly revealed substantial competent evidence in support of the plaintiff's claim. The trial court erred in granting the motion for involuntary dismissal.
[1] A motion for involuntary dismissal pursuant to Fla.R.Civ.P. …
[2] A trial judge may not weigh evidence when ruling on a defendant's motion for involuntary dismissal following the presentation of a prima facie case by a plaintiff.
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Join FLexlaw to unlock all legal intelligence“If substantial competent evidence has been adduced, though conflicting, which, when considered in the light most favorable to the non-moving party would sustain a judgment in favor of that party then the motion should not be granted.”
Establishes the standard for reviewing a Rule 1.420(b) involuntary dismissal motion—the trial court must consider evidence in the light most favorable to the non-moving party.
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Join FLexlaw to unlock all legal intelligenceAppellant was the plaintiff who executed a contract for the sale of land and made a simultaneous $20,000 binder payment. Appellant sought rescission o…
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PER CURIAM.
Appellant, who was plaintiff in the trial court, brought suit for rescission of a contract for the sale of land, seeking return of the $20,000 binder payment made simultaneously with the execution of the contract. The case went to trial before the judge without a jury. At the conclusion of the plaintiff’s presentation of evidence appel-lees moved for an involuntary dismissal pursuant to Fla.R.Civ.P. 1.420(b) which was granted. This appeal followed.
A motion pursuant to the above-mentioned rule is in the nature of the motion formerly known as a motion for directed verdict. The same law is applicable. If substantial competent evidence has been adduced, though conflicting, which, when considered in the light most favorable to the non-moving party would sustain a judgment in favor of that party then the motion should not be granted. A trial judge may not weigh evidence when ruling on a defendant’s motion pursuant to Rule 1.420(b) following the presentation of a prima facie case by a plaintiff. (See Tillman v. Baskin, 260 So. 2d 509 (Fla.1972) and Realty Marts, Inc. v. Barlow, 312 So. 2d 544 (Fla. 1st DCA 1975).
Although we have grave doubts as to the correctness of the conclusions of the learned trial judge had the case been in such a posture as to have permitted final determination on the merits, we refrain from addressing the merits at this time and rest our decision instead on the narrow ground of the propriety of the order of involuntary dismissal, which we find and hold was improperly entered because the record clearly reveals substantial competent evidence in support of the claim asserted by the plaintiff.
Reversed and remanded for a trial on the merits.
BOYER, C. J., and McCORD and MILLS, JJ., concur.
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Peter Marich & Assocs., Inc. v. Powell, 365 So. 2d 754 (Fla. 2d DCA 1978)…Motels, Ltd., 324 So. 2d 676 (Fla.4th DCA 1975). Since appellees did not present sufficient evidence to support their counterclaim, the trial court properly granted appellant’s motion for involuntary dismissal. Fla.R.Civ.P. 1.420; see Curls v. Tew, 346 So. 2d 1242 (Fla.lst DCA 1977); 10 Fla.Jur. Dismissal, Etc. § 12 (1973). Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion. BOARDMAN, Acting C. J., and DAN-AHY, J., concur. . Appellees point out that they t…
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Vance v. Indian Hammock Hunt & Riding Club, Ltd., 403 So. 2d 1367 (Fla. 4th DCA 1981)…ative value of the evidence, restricting the trial court solely to a determination of whether the evidence, viewed in a light most favorable to the plaintiffs, presented a prima facie case. Tillman v. Baskin, 260 So. 2d 509 (Fla.1972); Curls v. Tew, 346 So. 2d 1242 (Fla. 1st DCA 1977). Mr. Vance and Mr. Hartleb each testified that he had purchased one or more lots in the development in reliance upon the statements contained in the sales brochure, as supplemented by oral statements made by defendant’s salesman…
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DAY v. Amini, 550 So. 2d 169 (Fla. 2d DCA 1989)…ade on behalf of Julia Day. A motion for involuntary dismissal pursuant to Florida Rule of Civil Procedure 1.420(b), which is used in nonjury trials, was formerly known as a motion for directed verdict, and the same law is applicable. Curls v. Tew, 346 So. 2d 1242 (Fla. 1st DCA 1977). In making the motion, the movant admits the truth of all facts in evidence and every reasonable conclusion or inference based thereon favorable to the non-moving party. See Hartnett v. Fowler, 94 So. 2d 724 (Fla.1957). Where the…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Easter Mae Tillman v. Baskin, 260 So. 2d 509 (Fla. 1972)
- Realty Marts, Inc. v. Barlow, 312 So. 2d 544 (Fla. 1st DCA 1975)