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BARNETT BANK OF PALM BEACH COUNTY v. CIBULA

No. 91-0921.

592 So.2d 1252 (1992)

BARNETT BANK OF PALM BEACH COUNTY, Appellant, v. Frank G. CIBULA, Jr. and June C. Cibula, N/K/a June C. Clarke, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 3, 1992.

Attorney(s) appearing for the Case

Andrew J. McMahon of Moyle, Flanigan, Katz, Fitzgerald & Sheehan, P.A., West Palm Beach, for appellant.

Frank G. Cibula, Jr., Law Offices of Frank G. Cibula, Jr., West Palm Beach, for appellees.

PER CURIAM.

We reverse the final judgment founded on an involuntary dismissal of a mortgage foreclosure action entered at the close of the plaintiff's case in a non-jury trial. The record reflects that the plaintiff's proof stated a prima facie case. The court's order was apparently founded on the appellees' equitable defenses. However, a trial court may not grant a motion for involuntary dismissal once a prima facie case is presented. See Tillman v. Baskin,

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