City of Pompano Beach v. Oltman
City of Pompano Beach v. Oltman
228 So. 2d 610
(Southern Reporter, Second Series)
City of Pompano Beach v. Oltman
Opinion of the Court
A judgment for the defendant on a motion for judgment on the pleadings under Rule 1.140(c), RCP, 30 F.S.A., may not be granted on the basis of allegations in the defendant’s answer where no reply is required because such allegations are deemed denied, Miller v. Eatmon, Fla.App.1965, 177 So.2d 523. For this reason, we affirm the order of the trial court denying defendant’s motion for judgment on the pleadings.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.