Maysville v. the Whiting-Turner Contracting Company

District Court of Appeal of Florida

Maysville v. the Whiting-Turner Contracting Company

167 So. 3d 506, 2015 Fla. App. LEXIS 9534, 2015 WL 3876369

CourtDistrict Court of Appeal of Florida

DecidedJune 24, 2015

Docket3D14-1681

StatusPublished

This text of 167 So. 3d 506 (Maysville v. the Whiting-Turner Contracting Company) 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.

Bluebook

Maysville v. the Whiting-Turner Contracting Company, 167 So. 3d 506, 2015 Fla. App. LEXIS 9534, 2015 WL 3876369 (Fla. Ct. App. 2015).

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Opinion

LOGUE, J.

In this condominium project dispute between Maysville, Inc. (“Developer”) and The Whiting-Turner Contracting Company (“General Contractor”), the Developer filed a two-count complaint against the General Contractor and the General Contractor filed several counterclaims. The trial court entered judgment against the *507 Developer on both of its claims. We a£firm those rulings without discussion.

We reverse, however, the involuntary dismissal of the counterclaims. Without a motion being made by the Developer, the trial court involuntary dismissed the counterclaims . before the General Contractor had an opportunity to complete the presentation of its evidence. As the Developer commendably concedes, the trial court erred. Fla. R. Civ. P. 1.420(b) (2014) (providing for an involuntary dismissal for lack of evidence only “[a]fter a party seeking affirmative relief in an action tried by the court without a jury has completed the presentation of evidence”); Deutsche Bank Nat. Trust Co. v. Santiago, 117 So.3d 1146, 1147 (Fla. 3d DCA 2013) (“Simply put, it is error to direct a verdict before a plaintiff has completed presentation of his evidence .... [T]he same concept applies to an involuntary dismissal.”) (internal citation and quotations omitted).

Affirmed in part; reversed in part; remanded for further proceedings consistent with this opinion.

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LOGUE, J.

In this condominium project dispute between Maysville, Inc. (“Developer”) and The Whiting-Turner Contracting Company (“General Contractor”), the Developer filed a two-count complaint against the General Contractor and the General Contractor filed several counterclaims. The trial court entered judgment against the *507 Developer on both of its claims. We a£firm those rulings without discussion.

We reverse, however, the involuntary dismissal of the counterclaims. Without a motion being made by the Developer, the trial court involuntary dismissed the counterclaims . before the General Contractor had an opportunity to complete the presentation of its evidence. As the Developer commendably concedes, the trial court erred. Fla. R. Civ. P. 1.420(b) (2014) (providing for an involuntary dismissal for lack of evidence only “[a]fter a party seeking affirmative relief in an action tried by the court without a jury has completed the presentation of evidence”); Deutsche Bank Nat. Trust Co. v. Santiago, 117 So.3d 1146, 1147 (Fla. 3d DCA 2013) (“Simply put, it is error to direct a verdict before a plaintiff has completed presentation of his evidence .... [T]he same concept applies to an involuntary dismissal.”) (internal citation and quotations omitted).

Affirmed in part; reversed in part; remanded for further proceedings consistent with this opinion.

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Bluebook (online)

167 So. 3d 506, 2015 Fla. App. LEXIS 9534, 2015 WL 3876369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maysville-v-the-whiting-turner-contracting-company-fladistctapp-2015.

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