Fishman v. Auction Co. of America
Fishman v. Auction Co. of America
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
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).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.