Rolly Marine Service, Inc. v. Sullivan

(dissenting) :

I dissent.

Although the amount in controversy is small, $786.24, the principle is large, and it is my judgment that plaintiff has been deprived of its day in court.

This was a suit upon an open account for boat storage. Contrary to Tillman v. Baskin, 260 So.2d 509 (Fla.1972), the trial court, upon defendant’s motion, dismissed the suit at the conclusion of plaintiff’s case in a non-jury trial and entered judgment for defendant, all despite the fact that the evidence and all inferences were adequate to establish a prima facie case. I would reverse and remand for a new trial.

Combing…