Barnett Bank of Palm Beach County v. Cibula
Barnett Bank of Palm Beach County v. Cibula
Opinion of the Court
We reverse the final judgment founded on an involuntary dismissal of a mortgage foreclosure action entered at the close of the plaintiff’s case in a non-jury trial. The record reflects that the plaintiff’s proof stated a prima facie case. The court’s order was apparently founded on the appel-lees’ equitable defenses. However, a trial court may not grant a motion for involuntary dismissal once a prima facie case is presented. See Tillman v. Baskin, 260 So.2d 509 (Fla. 1972); Wimbledon Townhouse Condominium I Ass’n., Inc. v. Wolfson, 510 So.2d 1106 (Fla. 4th DCA 1987); Service Facilities Corp. v. Lanier, 371 So.2d 1083 (Fla. 4th DCA 1979); Alpha Elec. Supply, Inc. v. Jewel Builders, Inc., 349 So.2d 699 (Fla. 4th DCA 1977).
The cause is remanded for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.