Tillman v. Baskin

Summary

The Florida Supreme Court held that a Rule 1.420(b) motion for involuntary dismissal in a nonjury trial cannot be granted based on weighing the evidence when the plaintiff has established a prima facie case. The court adopted the approach that the trial judge should defer weighing the evidence until the close of all testimony, quashed the Fourth District Court of Appeal's decision, and remanded for a new trial.

Holdings

1. In a nonjury trial, a Rule 1.420(b) motion for involuntary dismissal is the proper method by which a defendant may seek judgment after the plaintiff has presented its evidence; Rule 1.480 governs directed verdicts in jury trials.
2. A trial judge cannot weigh the evidence when ruling on a defendant's Rule 1.420(b) motion for involuntary dismissal following the plaintiff's presentation of a prima facie case.

Questions Presented

1. Whether a motion under Florida Rule of Civil Procedure 1.420(b) is the proper method for obtaining judgment for a defendant after the plaintiff completes its presentation of evidence in a nonjury trial.
2. Whether a nonjury trial judge may weigh the evidence and rule for the defendant before the defendant presents evidence when the plaintiff has established a prima facie case.

Disposition

quashed