Barnett Bank of Palm Beach County v. Cibula

592 So. 2d 1252, 1992 Fla. App. LEXIS 776, 1992 WL 16646

Opinion

PER CURIAM.

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.

DOWNEY, ANSTEAD and STONE, JJ., concur.