Summary
The court affirmed a final judgment entered after the trial judge granted defendants’ motion for a directed verdict in a nonjury gross-negligence case. It held that, in a nonjury trial, such a motion is treated as a motion for involuntary dismissal, allowing the trial judge to weigh the evidence, resolve conflicts, and assess witness credibility.
Holdings
- In a nonjury trial, a motion for directed verdict is tantamount to a motion for involuntary dismissal under Florida Rule of Civil Procedure 1.420(b).
- The trial court did not commit reversible error by granting defendants' motion at the close of plaintiffs' case and entering judgment for defendants.
Questions Presented
- Whether a defendant's motion for a directed verdict in a nonjury trial should be evaluated under the criteria applicable to a jury trial or treated as a motion for involuntary dismissal.
- Whether the trial court erred by granting defendants' motion and entering judgment for defendants at the close of plaintiffs' evidence.
Disposition
affirmed
Cases Cited (7)
- Cadore v. Karp, 91 So. 2d 806 (Fla. 1957)(not followed in the nonjury context)
- Gibson v. Gibson, 180 So. 2d 388 (Fla. Dist. Ct. App. 1965)(followed)
- Johnson v. Harris, 188 So. 2d 888 (Fla. Dist. Ct. App. 1966)(followed)
- John I. Moss Inc. v. Cobbs Company, 198 So. 2d 872 (Fla. Dist. Ct. App. 1967)(followed)
- Lorber v. Aetna Life Insurance Company, 207 So. 2d 305 (Fla. Dist. Ct. App. 1968)(followed)
- Dodge v. Weiss, 191 So. 2d 71 (Fla. Dist. Ct. App. 1966)(followed)
- Tampa Wholesale Co. v. Foodtown, U.S.A., Inc., 166 So. 2d 711 (Fla. Dist. Ct. App. 1964)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…