ALPHA ELECTRIC SUPPLY, INC., A FLORIDA CORPORATION, APPELLANT,
v.
JEWEL BUILDERS, INC., A DELAWARE CORPORATION QUALIFIED TO DO BUSINESS IN THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant, Alpha Electric Supply, Inc., who was plaintiff in the trial court, brought suit for the foreclosure of a mechanic’s lien. The case went to trial before the judge without a jury. At the conclusion of the plaintiff’s presentation of evidence appel-lees moved for an involuntary dismissal which was granted. We reverse.
A motion for an involuntary dismissal is in the nature of a motion for directed verdict. The same law is applicable. If sufficient evidence has been adduced, though conflicting, which, when considered in the light most favorable to the non-moving party would establish a prima facie case in favor of that party, then the motion should not be granted. A trial judge may not weigh evidence when ruling on such a motion. See Tillman v. Baskin, 260 So. 2d 509 (Fla.1972) and Realty Marts, Inc. v. Barlow, 312 So. 2d 544 (Fla. 1st DCA 1975). We simply hold that the record reveals sufficient evidence, which, when considered together with all the reasonable inferences deducible therefrom, established a prima facie case.
Reversed and remanded for a new trial.
CROSS, ANSTEAD, and DAUKSCH, JJ., concur.
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Europco Mgmt. Co. OF Am. v. Smith, 572 So. 2d 963 (Fla. 1st DCA 1990)…contentions. An involuntary dismissal is only proper when the evidence considered in the light most favorable to the non-moving party fails to establish a prima facie case in favor of that party. Alpha Electric Supply, Inc. v. Jewel Builders, Inc., 349 So. 2d 699 (Fla. 4th DCA 1977). Where, as here, one party seeks an injunction to prevent the violation of a restrictive covenant, a prima facie case is established by evidence showing the alleged violation. See Stephl v. Moore, 94 Fla. 313, 114 So. 455 (Fla.19…
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Barnett Bank OF Palm Beach Cnty. v. Cibula, 592 So. 2d 1252 (Fla. 4th DCA 1992)…in, 260 So. 2d 509 (Fla.1972); Wimbledon Townhouse Condominium I Ass’n., Inc. v. Wolfson, 510 So. 2d 1106 (Fla. 4th DCA 1987); Service Facilities Corp. v. Lanier, 371 So. 2d 1083 (Fla. 4th DCA 1979); Alpha Elec. Supply, Inc. v. Jewel Builders, Inc., 349 So. 2d 699 (Fla. 4th DCA 1977). The cause is remanded for a new trial. DOWNEY, ANSTEAD and STONE, JJ., concur.…
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Best Drywall Servs., Inc. v. Blaszczyk, 207 So. 3d 271 (Fla. 2d DCA 2016)…se the trial court weighed the evidence and made credibility determinations. A motion for involuntary dismissal in a case tried to a judge "is in the nature of a motion for directed verdict.” Alpha Elec. Supply, Inc., v. Jewel Builders, Inc., [*274] 349 So. 2d 699, 700 (Fla. 4th DCA 1977). "If sufficient evidence has been adduced, though conflicting, which, when considered in the light most favorable to the non-moving party would establish a prima facie case in favor of that party, then the motion should not…
Authorities Cited
- Easter Mae Tillman v. Baskin, 260 So. 2d 509 (Fla. 1972)
- Realty Marts, Inc. v. Barlow, 312 So. 2d 544 (Fla. 1st DCA 1975)