Porro v. Franco

This is an appeal from a final judgment entered in favor of the respondent, appellee herein, after the trial court granted his motion for directed verdict at the conclusion of the petitioner’s opening statement in a non-jury trial. We reverse upon a holding that (1) the trial court was without authority to dismiss the petitioner’s case1 before completion of the case in chief, see Southern Wood Industries v. Florida Carolina Lumber Co., 84 So.2d 589 (Fla.1956); Henriquez v. Publix Super Markets, Inc., 434 So.2d 53 (Fla. 3d DCA 1983); Schurr v. Royal Globe Insurance Co., 353 So.2d 215 (Fla. 2d…