WYGODNY v. K-SITE 600 ASSOCIATES

No. 93-1549.

644 So.2d 579 (1994)

Ben WYGODNY, Appellant, v. K-SITE 600 ASSOCIATES, a Florida General Partnership, Ben Franklin Properties 500, Inc., a Florida corporation, and Mystic Pointe Tower 500 Condominium Association, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 23, 1994.


Attorney(s) appearing for the Case

Perse & Ginsberg and Todd Schwartz, Miami, Ilovitch, Manella & Klapholz, Hollywood, for appellant.

Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel and Stevan J. Pardo and Christopher L. Kurzner and Charles Auslander, Miami, for appellees.

Before HUBBART, BASKIN and GREEN, JJ.


GREEN, Judge.

Ben Wygodny ("Wygodny") was the plaintiff below and appeals a final judgment of involuntary dismissal entered at the close of his case in chief at a nonjury trial. He essentially argues that although he made a prima facie case, the trial court erred in granting the defendants' motion for involuntary dismissal based upon the court's weighing of the evidence and judging the credibility of the witnesses. We concur and for the reasons which follow, we reverse...

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