DEUTSCHE BANK NATIONAL TRUST COMPANY, ETC., APPELLANT,
v.
JANICE SANTIAGO AND RAFAEL SEGARRA, APPELLEES
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Deutsche Bank sought to foreclose on a mortgage held by Santiago and Segarra. The trial court dismissed the case sua sponte during the bank's presentation of its first witness, before the bank completed its case-in-chief. The appellate court reversed, holding that dismissal for lack of evidence is improper before a party seeking affirmative relief completes presenting its evidence.
A trial court errs when it orders an involuntary dismissal for lack of evidence before a party seeking affirmative relief in a bench trial has completed the presentation of evidence. Dismissal for lack of evidence is only proper after the party has completed presenting its case.
[1] A trial court errs by ordering an involuntary dismissal of a foreclosure action before the plaintiff has rested its case.
[2] An involuntary dismissal for lack of evidence in a bench trial is permissible only after the party seeking affirmative relief has completed the presentation of evidence.
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Join FLexlaw to unlock all legal intelligence“it is error to direct a verdict before a plaintiff has completed presentation of his evidence.”
Establishes the fundamental rule that dismissal cannot occur before completion of the plaintiff's case-in-chief
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Join FLexlaw to unlock all legal intelligenceDeutsche Bank, as trustee, brought a foreclosure action against Janice Santiago and Rafael Segarra. The case proceeded to a bench trial. The bank's fi…
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During the presentation of the first witness in this foreclosure action, the trial judge dismissed the case on her own initiative, based apparently on her conclusion that the bank would be unable to prove all of the facts necessary to support its claim. We find that this dismissal was premature in the facts of this case. Accordingly, we reverse.
Deutsche Bank National Trust Company, as trustee, brought a foreclosure suit against Janice Santiago and Rafael Segar-ra. The case proceeded to a bench trial. The bank’s first witness was Minerva Flowers, an employee of American Home Mortgage Servicing, Inc., which serviced the loan. Through Flowers’s testimony, the bank introduced the mortgage and note into evidence. As Flowers began to testify about the acceleration letter, however, the case took an unusual turn. Over *1147the borrowers’ objection, the trial court provisionally admitted the acceleration letter into evidence. But before the bank finished its direct examination of Flowers, the trial court permitted the borrowers to “voir-dire” or cross-examine Flowers about the letter. After the borrowers’ counsel asked some questions, the trial court also interrogated Flowers. The trial court then excluded the acceleration letter from evidence. Without a motion being made by the defendant, the trial court immediately dismissed the case. A written order of dismissal with prejudice was entered the same day. The bank timely appealed.
In these facts, the trial court erred when it ordered an involuntary dismissal of the foreclosure action before the bank had rested its case. The governing rule of civil procedure provides for an involuntary dismissal for lack of evidence only “[ajfter a party seeking affirmative relief in an action tried by the court without a jury has completed the presentation of evidence.” Fla. R. Civ. P. 1.420(b) (2012). Simply put, “it is error to direct a verdict before a plaintiff has completed presentation of his evidence.” Sheldon Greene & Assocs. v. Williams Island Assocs., 550 So.2d 1142, 1143 (Fla. 3d DCA 1989). This Court has held that “[t]he same concept applies to an involuntary dismissal.” A.N. v. M.F.-A, 946 So.2d 58, 60 (Fla. 3d DCA 2006) (“By denying appellants the opportunity to complete their case-in-chief, the trial court denied appellants their due process.”); see also SJS Enters. v. Cates, 547 So.2d 226, 227 (Fla. 4th DCA 1989) (holding that the trial court could not “jump the gun” by granting a motion for an involuntary dismissal while the plaintiff was on its first witness).
Reversed and remanded for a new trial.
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Citator
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Wachovia Mortg., FSB v. Montes, 156 So. 3d 1105 (Fla. 4th DCA 2015)…By definition therefore, Florida courts have held on numerous occasions that, pursuant to rule 1.420(b), a trial court may not order an involuntary dismissal of a case before a plaintiff rests its case. See Deutsche Bank Nat’l Trust Co. v. Santiago, 117 So. 3d 1146, 1146-47 (Fla. 3d DCA 2013) (reversing trial court’s sua sponte involuntary dismissal of the case entered before bank completed examination of its witness); A.N. v. M.F.-A., 946 So. 2d 58, 60 (Fla. 3d DCA 2006) (“By denying appellants the opportunit…
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The Bank OF NEW York Mellon v. Minerva Diaz, 232 So. 3d 435 (Fla. 4th DCA 2017)…dismiss mortgagee’s foreclosure action, due to the absence of the original promissory note, from the court file, before mortgagee had finished presenting evidence as part of its case-in-chief at bench trial); Deutsche Bank Nat’l Tr. Co. v. Santiago, 117 So. 3d 1146, 1147 (Fla. 3d DCA 2013) (“[T]he trial court erred when it ordered an involuntary dismissal of the foreclosure action before the bank had rested its case. The governing rule of civil procedure provides for an involuntary dismissal for lack of eviden…
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Deutsche Bank Nat'l Tr. Co. v. Altos DEL MAR (7701 Collins AYE) LLC, 187 So. 3d 930 (Fla. 3d DCA 2016)…right to offer evidence if the motion, is not granted. The trial court committed error when it entered an involuntary dismissal before giving Deutsche Bank the opportunity to present its case-in-chief. See Deutsche Bank Nat’l Trust Co. v. Santiago, 117 So. 3d 1146 (Fla. 3d DCA 2013) (reversing and remanding for new trial, holding trial court violated rule 1.420(b) when it entered an involuntary dismissal of the foreclosure action before plaintiff rested -its case); Porro v. Franco, 448 So. 2d 614, 615 (Fla. 3…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sheldon Greene & Assocs., Inc. v. Williams Island Assocs., 550 So. 2d 1142 (Fla. 3d DCA 1989)
- SJS Enters., Inc. v. Cates, 547 So. 2d 226 (Fla. 4th DCA 1989)
- A.N. and A.N. v. M.F.-A. and J.A., 946 So. 2d 58 (Fla. 3d DCA 2006)