Barnett Bank of Palm Beach County v. Cibula

District Court of Appeal of Florida

Barnett Bank of Palm Beach County v. Cibula

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

CourtDistrict Court of Appeal of Florida

DecidedFebruary 5, 1992

DocketNo. 91-0921

StatusPublished

This text of 592 So. 2d 1252 (Barnett Bank of Palm Beach County v. Cibula) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Barnett Bank of Palm Beach County v. Cibula, 592 So. 2d 1252, 1992 Fla. App. LEXIS 776, 1992 WL 16646 (Fla. Ct. App. 1992).

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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.

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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.

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592 So. 2d 1252, 1992 Fla. App. LEXIS 776, 1992 WL 16646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnett-bank-of-palm-beach-county-v-cibula-fladistctapp-1992.

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