Florida District Courts of Appeal, 1995

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)

Cases that cite this one

2 later published cases cite this decision.

DILSON S. URRIBARI and LA PLACITA GROCERY OF FORT PIERCE CORP. v. 52 SW 5TH CT WHSE, LLC (Fla. Dist. Ct. App. 2019)
Roman v. Bogle (Fla. Dist. Ct. App. 2013)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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