Bottalico v. Antonelli

Bottalico v. Antonelli, 695 So. 2d 363 (Fla. Dist. Ct. App. 1997)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: February 12, 1997
Docket: No. 95-2618
Judges: Brown
Citations: 695 So. 2d 3631997 WL 55625

Cited by 4 1 descriptions by later courts

Opinion

695 So.2d 363 (1997)

Matthew BOTTALICO, Appellant,

Lee ANTONELLI, Appellee.

No. 95-2618.

District Court of Appeal of Florida, Fourth District.

February 12, 1997.

Michael J. Presutti, Winter Park, for appellant.

Anna Gomez-Mallada, Fort Lauderdale, for appellee.

BROWN, LUCY C., Associate Judge.

We reverse the "Final Judgment of Directed Verdict" entered by the trial court at the conclusion of the plaintiff's case in a non-jury trial. The trial court's action amounted to an involuntary dismissal, which is properly entered only when the evidence, considered in the light most favorable to the nonmoving party, fails to establish a prima facie case on the non-moving party's claim. Cohen v. Boca Woods Country Club Property Owners Ass'n, 632 So.2d 1142 (Fla. 4th DCA 1994). Upon the presentation of a prima facie case, as here, the trial court in a non-jury trial "may not weigh and judge the credibility of the evidence when ruling upon a [motion for involuntary dismissal]." Service Facilities Corp. v. Lanier, 371 So.2d *364 1083, 1084 (Fla. 4th DCA 1979) (citing Tillman v. Baskin, 260 So.2d 509 (Fla.1972)); see also Haskin v. Haskin, 677 So.2d 376 (Fla. 4th DCA 1996). As in Haskin , it is apparent from the face of the final judgment that the trial judge improperly weighed the evidence. This compels reversal and a new trial.

REVERSED AND REMANDED for a new trial.

GLICKSTEIN and STEVENSON, JJ., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(involuntary dismissal is properly entered only when the evidence, considered in a light most favorable to the non-moving party, fails to establish a pri-ma facie case on the non-moving party’s claim)

Espriella v. Delvalle, 844 So. 2d 674 (Fla. Dist. Ct. App. 2003)

Cited by 4 cases

View all citing references →

State Appellate Courts4

Relies on it most ⓘ

Perez v. Perez973 So. 2d 1227 (Fla. Dist. Ct. App. 2008)
Hack v. Estate of Helling811 So. 2d 822 (Fla. Dist. Ct. App. 2002)
Espriella v. Delvalle844 So. 2d 674 (Fla. Dist. Ct. App. 2003)
Crowe v. Crowe763 So. 2d 1183 (Fla. Dist. Ct. App. 2000)

Most recent

Perez v. Perez973 So. 2d 1227 (Fla. Dist. Ct. App. 2008)
Espriella v. Delvalle844 So. 2d 674 (Fla. Dist. Ct. App. 2003)
Hack v. Estate of Helling811 So. 2d 822 (Fla. Dist. Ct. App. 2002)
Crowe v. Crowe763 So. 2d 1183 (Fla. Dist. Ct. App. 2000)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Haskin v. Haskin, 677 So. 2d 376 (Fla. Dist. Ct. App. 1996)	6
	Tillman v. Baskin, 260 So. 2d 509 (Fla. 1972)	67
	Cohen v. Boca Woods Ctry. CL. Prop., 632 So. 2d 1142 (Fla. Dist. Ct. App. 1994)	4

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