LUSTIG v. GARCIA

No. 4D00-1479.

789 So.2d 482 (2001)

Arnold LUSTIG, Appellant, v. Alina GARCIA, Appellee.

District Court of Appeal of Florida, Fourth District.

July 5, 2001.


Attorney(s) appearing for the Case

Robert J. Slotkin, Fort Lauderdale, for appellant.

No appearance for appellee.


STONE, J.

The final judgment is reversed.

Lustig brought suit against Garcia for imposition of an equitable lien and sought restitution for unjust enrichment. In the course of the non-jury trial, the court erred by involuntarily dismissing the case before the plaintiff (Lustig) had rested. The court also erred in basing the dismissal on a credibility assessment.

Lustig testified during his case-in-chief. During cross-examination, the defense established...

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