Britt v. State Farm Mutual Automobile Insurance Co.
Britt v. State Farm Mutual Automobile Insurance Co.
Opinion of the Court
Chantrala Britt appeals a judgment on the pleadings granting State Farm Mutual Automobile Insurance Company and Russell Whelpley $107,207.71 in their suit against- Britt for negligent operation of a motor vehicle. Based on our review of the pleadings, we conclude that the court should not have granted judgment on the pleadings, and we therefore reverse.
In this case, the pleadings consist of a complaint filed by State Farm as subrogee of Whelpley and Whelpley, individually, and a letter filed by Britt with the trial court. State Farm and Whelpley rightly refer to this letter as Britt’s answer to the complaint. The complaint alleged that Britt owned and operated a motor vehicle in such a manner that resulted in an accident with Whelpley. Britt’s pro se answer alleged that she had never been in a car accident, her car was never in an accident, she never had any contact with Whelpley, and this was a case of mistaken identity.
Review of the pleadings in this case reveals major disputed issues of fact— whether there ever was a car accident involving Britt and Whelpley and, if so, whether Britt was liable. Therefore, the court erred by granting judgment on the pleadings in favor of State Farm and Whelpley. See Martinez v. Fraxedas, 678 So.2d 489, 491 (Fla. 3d DCA 1996); J & J Util. Co. v. Windmill Village by the Sea Condo. No. I Ass’n, 485 So.2d 36 (Fla. 4th DCA 1986). We reverse the trial court’s final judgment on the pleadings and remand for further proceedings.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.