Haskin v. Haskin, 95-1372
| Decision Date | 10 July 1996 |
| Docket Number | No. 95-1372,95-1372 |
| Citation | 677 So.2d 376 |
| Parties | 21 Fla. L. Weekly D1587 Judith HASKIN, Appellant, v. Eugene HASKIN, Appellee. |
| Court | Florida District Court of Appeals |
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.
To continue reading
Request your trial
- Rodriguez v. State
- Valle v. Fla. Dep't of Corr
- Gordon v. State, 4D14–2901
- Rodriguez v. State, CASE NO. 3D01-2332.
-
Florida family law rules of procedure
...upon weighing of evidence; involuntary dismissal can only be granted where party fails to establish prima facie case. Haskin v. Haskin , 677 So.2d 376 (Fla. 4th DCA 1996). Nathanson v. Nathanson Guardian ad litem is not a party required to join in a stipulation for dismissal of an action; n......