Florida District Courts of Appeal, 1978

Miller v. Allen Engineering, Inc.

Miller v. Allen Engineering, Inc.
Florida District Courts of Appeal · Decided May 16, 1978 · Anstead, Dauksch, Downey
358 So. 2d 857; 1978 Fla. App. LEXIS 15580 (Southern Reporter, Second Series)

Miller v. Allen Engineering, Inc.

Opinion of the Court

PER CURIAM.

The trial court entered a judgment on the pleadings against the appellant, in which he determined among other things, that the basis of appellant’s action was known to the appellant during the pendency of previous litigation between the parties, and hence, the action should have been filed as a counterclaim. A motion for judgment on the pleadings is predicated solely on the contents of the pleadings. The pleadings herein are not sufficient, in and of themselves, to support the trial court’s determination. Accordingly, the judgment is hereby reversed with directions for further proceedings consistent herewith.

DOWNEY, C. J., and ANSTEAD and DAUKSCH, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.