Posted by Nydia Streets of Streets Law in Florida Domestic Violence
What is an involuntary dismissal in a Florida family law case? This is what happens when the court dismisses a petition, rather than the party him or her self voluntarily dismissing or withdrawing the case. For example, a party can seek an involuntary dismissal by arguing to the court that the other party has not shown that he or she would ultimately prevail if there was a full trial. This was an issue in the case Schulmann v. Schulmann, 4D2023-1206 (Fla. 4th DCA September 4, 2024).
The parties to this case were married. The wife filed for divorce and at the same time filed a petition for protection against domestic violence. A hearing was held on the domestic violence petition, and because of scheduling issues, the court took the husband’s witnesses out of turn. The wife testified to incidents in which the husband had previously punched her, or threatened to punch her, and in which he actually physically attacked her. The husband’s witnesses denied this, and the wife’s witness, a neighbor, stated he did not actually witness violence, but he corroborated the wife’s claim that the husband acted as if he were going to punch the wife and the wife sought refuge at the neighbor’s house because she was scared.
At the conclusion of the wife’s presentation of evidence, the husband moved for involuntary dismissal, arguing that based on the evidence and witnesses she presented, as well as his own witnesses, it was clear the wife had not met her burden of proof to show she was the victim of domestic violence and that she was in imminent fear of becoming a victim in the future. The trial court agreed with the husband and granted the motion. The wife appealed.
Reviewing de novo, the appellate court noted “‘An involuntary dismissal is properly entered only where the evidence considered in the light most favorable to the non-moving party fails to establish a prima facie case.’ Perez v. Perez, 973 So. 2d 1227, 1231 (Fla. 4th DCA 2008). In ruling on a motion for involuntary dismissal, the trial court may not weigh the credibility of the evidence. Id.” In reversing the trial court’s ruling, the appellate court held “A review of the record leads us to conclude that the trial court erred in granting the husband’s motion for involuntary dismissal and dismissing the petition. It is apparent the trial court did not consider the wife’s evidence in the light most favorable to her and failed to recognize that, in making the motion, the husband admitted the truth of all the facts presented by the wife at that point in the hearing. Instead, the trial court improperly weighed the evidence presented by both parties. Thus, we reverse the grant of involuntary dismissal and remand for further proceedings.”
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