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677 So. 2d 376

Docket No. 95-1372.

Haskin v. Haskin

Judith HASKIN, Appellant, v. Eugene HASKIN, Appellee.

District Court of Appeal of Florida

Decided July 10, 1996.

District Court of Appeal of Florida · decided 1996-07-10

Relies on 585 So. 2d 1149 - Palm Beach Mall, Inc. v. Walker · 632 So. 2d 1142 - Cohen v. BOCA WOODS CTRY. CL. PROP.

Good law ✅— No negative treatment on recordhow we know

Decided 1996-07-10

How this case has been cited

Cited by 6 later decisions — most recently August 2015

6 state decisions

30199620002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*377 Robert Resnick, Gulf Stream, for appellant.

¶2Barry S. Franklin, of Franklin & Marbin, P.A., North Miami Beach, for appellee.

¶3PER CURIAM.

¶4We 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.

¶5It 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).

¶6It 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.

¶7GLICKSTEIN, WARNER and SHAHOOD, JJ., concur.

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