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Haskin v. Haskin

District Court of Appeal of Florida, Fourth District
Jul 10, 1996
677 So. 2d 376 (Fla. Dist. Ct. App. 1996)

Summary

holding that in considering a motion for involuntary dismissal, a trial court judge may not weigh the evidence

Summary of this case from Deutsche Bank Nat'l Trust Co. v. Stone

Opinion

No. 95-1372.

July 10, 1996.

Appeal from the Fifteenth Judicial Circuit Court, Palm Beach County, Lucy Brown, J.

Robert Resnick, Gulf Stream, for appellant.

Barry S. Franklin, of Franklin Marbin, P.A., North Miami Beach, for appellee.


We reverse the trial court's order involuntarily dismissing the former wife's (appellant) action to modify her alimony award, and remand for a new hearing.

It is proper to enter an involuntary dismissal only when the evidence, considered in the light most favorable to the non-moving 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). A trial judge may not weigh the evidence in considering a motion for involuntary dismissal. Palm Beach Mall, Inc. v. Walker, 585 So.2d 1149 (Fla. 4th DCA 1991).

It is apparent from the order that the trial judge weighed the evidence and considered the credibility of the witnesses. As such, we are compelled to reverse.

GLICKSTEIN, WARNER and SHAHOOD, JJ., concur.


Summaries of

Haskin v. Haskin

District Court of Appeal of Florida, Fourth District
Jul 10, 1996
677 So. 2d 376 (Fla. Dist. Ct. App. 1996)

holding that in considering a motion for involuntary dismissal, a trial court judge may not weigh the evidence

Summary of this case from Deutsche Bank Nat'l Trust Co. v. Stone
Case details for

Haskin v. Haskin

Case Details

Full title:JUDITH HASKIN, APPELLANT, v. EUGENE HASKIN, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 10, 1996

Citations

677 So. 2d 376 (Fla. Dist. Ct. App. 1996)

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