Florida District Courts of Appeal, 1987

Fishman v. Auction Co. of America

Fishman v. Auction Co. of America
Florida District Courts of Appeal · Decided November 25, 1987 · Anstead, Gunther, Letts
526 So. 2d 94; 12 Fla. L. Weekly 2688; 1987 Fla. App. LEXIS 11162; 1987 WL 1760 (Southern Reporter, Second Series)

Fishman v. Auction Co. of America

Opinion of the Court

PER CURIAM.

We reverse the judgment on the pleadings and order of dismissal entered against the appellants in their action alleging active fraud against the appellees. Since the pleadings state á cause of action for fraud and no defenses are established on the face of the pleadings it was error to enter a dismissal and judgment on the pleadings. See Storrs v. Storrs, 130 Fla. 711, 178 So. 841 (1937); Moser v. Thorp Sales Corp., 256 N.W.2d 900 (Iowa 1977), aff'd as modified and remanded, 312 N.W.2d 881 (Iowa 1981), aff'd, 334 N.W.2d 715 (Iowa 1983).

ANSTEAD, LETTS and GUNTHER, JJ., concur.

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