Public-domain · open source
OpenJurist

365 So. 2d 447

Underground Supply Co. v. Mason

District Court of Appeal of Florida

Decided December 20, 1978

District Court of Appeal of Florida · decided 1978-12-20

Cited by 1 later decisions — most recently December 1990

1 state decisions

Relies on Sapp v. Redding · Rath Co. v. Sun Coast Fruit Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1978-12-20

View the full empirical analysis of this case →

BERANEK, Judge.

¶1Plaintiff appeals from the dismissal of an action to foreclose a mechanic’s lien. The case was called for a non-jury trial and plaintiff began the presentation of evidence. While presenting the direct testimony of the first witness, an objection to an offered document was made by defendant. This objection prompted a discussion of the case between the Court and counsel. At the conclusion of this discussion the Court dismissed the matter in its entirety. We find the dismissal at this stage of the trial to have been premature and erroneous. See Rule of Civil Procedure 1.420(b); Rath Co. v. Sun Coast Fruit Company, 186 So.2d 806 (Fla. 3d DCA 1966); and Sapp v. Redding, 178 So.2d 204 (Fla. 1st DCA 1965). The order of dismissal below is reversed and the matter remanded for further proceedings.

¶2REVERSED AND REMANDED.

DOWNEY, C. J., and DAUKSCH, J., concur.
/365/so2d/447 · .json · Public domain