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In Deutsche Bank Nat’l Trust Co. v. Flores del Callejo, 2025 WL 2967974 (Fla. 4th DCA 2025), the bank put on its case in a non-jury foreclosure trial, rested, and then got hit with the defense’s motion for involuntary dismissal. The trial court granted it, pointing to inconsistencies in the bank’s proof — including conflicting payoff figures.
The Fourth DCA reversed.
The court reiterated a key distinction every trial lawyer needs to have hard-wired:
In a non-jury trial, an involuntary dismissal is not a “credibility call” on the plaintiff’s case. The question is whether the plaintiff has introduced competent, substantial evidence on each essential element.
If so, conflicts within that evidence go to the fact-finder’s weighing function, not to the legal sufficiency of the case.
In other words:
- Conflicting numbers ($125k vs. $130k) ≠ no evidence.
- Confusing records ≠ absence of proof.
- So long as there is some competent, admissible evidence of the debt, default, and right to enforce, the remedy is a final judgment on the merits (for one side or the other) — not an early involuntary dismissal.
Practical Trial Takeaways
For plaintiffs in bench trials:
- Make sure you hit every element at least once with competent evidence:
- ownership/standing,
- note/mortgage,
- default,
- amount due.
- If the defense moves for involuntary dismissal based on “inconsistency,” you should be ready to say:
- “Judge, any conflicting inferences go to the weight of our evidence — not its legal sufficiency.”
For defendants:
- A motion for involuntary dismissal should focus on missing elements, not just messy testimony.
- If you want to win on conflicts, your best shot is closing argument, not a 1.420(b) motion after plaintiff rests.
Takeaway: Involuntary dismissal is a legal sufficiency tool, not a credibility filter. If the plaintiff’s case is flawed but supported by some competent evidence, the court should decide the case—not dismiss it midstream.
At Boatman Ricci, we help trial teams distinguish between no evidence and bad evidence, and shape motions accordingly. Facing a bench trial and worried about how your record will hold up on appeal? Contact our team to refine your trial and post-trial strategy.
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