Florida District Courts of Appeal, 1995

Ferris v. Ferris

Ferris v. Ferris
Florida District Courts of Appeal · Decided September 20, 1995 · Glickstein, Stone, Warner
660 So. 2d 418; 1995 Fla. App. LEXIS 9917; 1995 WL 553011 (Southern Reporter, Second Series)

Ferris v. Ferris

Opinion of the Court

PER CURIAM.

Reversed. The defendant moved for and obtained a judgment on the pleadings based on his affirmative defense of res judicata. This was error, as an affirmative defense is deemed denied and therefore false when no reply is filed. Jaramillo v. Dubow, 588 So.2d 677 (Fla. 3d DCA 1991). The final judgment is reversed and remanded for further proceedings.

GLICKSTEIN, STONE and WARNER, JJ., concur.

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