Summary
holding that in ruling on a motion for involuntary dismissal in a non-jury trial, the trial court was required to view the evidence in the light most favorable to the plaintiff, resolving every conflict and inference in its favor
Summary of this case from Liberty Home Equity Solutions, Inc. v. RaulstonOpinion
Case No. 1D02-1958.
Opinion filed May 1, 2003.
An appeal from the Circuit Court for Escambia County. Honorable Kim A. Skievaski, Judge.
Nancy A. Daniels, Public Defender; David P. Gauldin, Assistant Public Defender, Tallahassee, for Appellant.
Charlie Crist, Attorney General; Sherri T. Rollison, Assistant Attorney General, Tallahassee, Office of the Attorney General, Tallahassee, for Appellee.
The departure sentence is REVERSED and REMANDED with directions that the trial court impose a guidelines sentence. See Butler v. State, 765 So.2d 274 (Fla. 1st DCA 2000).
BOOTH and POLSTON, JJ., concur; BENTON, J., dissents.