Deutsche Bank National Trust Company v. Janet Stone and Robert Stone

On Confession of Error

DAMOORGIAN, J.

Appellant, Deutsche Bank National Trust Company (“Deutsche”), appeals the trial court’s order involuntarily dismissing its foreclosure action before the close of its case-in-chief. Appellees concede, and we agree, that the trial court reversibly erred in involuntarily dismissing the foreclosure action before Deutsche rested its case. See Fla. R. Civ. P. 1.420(b) (providing that in bench trials, “[a]fter a party seeking affirmative relief ... has completed the presentation of evidence, any other party may move for a dismissal on the ground that on the facts…