Luciani v. Nealon

In this will contest case, the issue we address is whether the trial court erred in granting a motion for involuntary dismissal at the close of Appellant's case. Appellant argues that the court improperly weighed the evidence when ruling on the motion rather than determining whether Appellant had established a prima facie case on the causes of action asserted. While we agree with Appellant that the trial court applied the wrong standard in considering the motion, we nevertheless affirm the final judgment pursuant to the “tipsy coachman” doctrine.

The decedent in this case is Ann Nancy Luciani.…