DFRP Note Purchase Partners I, LP v. Bruno

In this mortgage foreclosure action, the trial court granted the defendant’s motion for involuntary dismissal. See Fla. R. Civ. P. 1.420(b). The court gave credence to the defendant’s affirmative defense. that the mortgage had been satisfied, based on a recorded affidavit introduced during the plaintiffs case. We reverse and remand for trial of the affirmative defense.

On a motion for involuntary dismissal, the trial court may not weigh the evidence, but must view it “in the light most favorable to [the nonmoving party].” Miller v. Nifakos, 655 So.2d 192, 193 (Fla. 4th DCA 1995). See also…