City of Pompano Beach v. Oltman
Florida District Courts of Appeal
City of Pompano Beach v. Oltman, 228 So. 2d 610 (1969)
Conclusion, Cross, Jjt, McCain, Reed
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.
Reference
- Full Case Name
- CITY OF POMPANO BEACH v. L. M. OLTMAN, Gerald F. Glass and Floyd F. Toomey, and others not named but made parties as members of a class
- Cited By
- 5 cases
- Status
- Published