United Investment & Development Corp. v. Langton
United Investment & Development Corp. v. Langton
Opinion of the Court
The buyer appeals an adverse judgment on the pleadings in an action for breach of a contract for the sale of real property. She argues the trial court erred by considering facts outside of the pleadings in ruling on the motion. We agree and reverse.
The buyer filed a verified complaint against the seller, alleging a contract for the purchase of real property. The seller moved to dismiss arguing that the complaint failed to state a cause of action. The trial court denied the motion. The seller answered the complaint, alleged affirmative defenses, and filed a counterclaim.
The defendant then moved for a judgment on the pleadings, which the trial court initially denied. The seller, however, filed a motion for rehearing and claimed that she had not received a subsequently-filed memorandum from the buyer before the court ruled on her motion. She also filed a memorandum contesting certain statements contained in the buyer’s memorandum. The trial court granted the motion for rehearing, reversed its decision, and granted the seller’s motion for judgment on the pleadings.
The buyer argues the trial court erred when it granted the seller’s motion for judgment on the pleadings since its verified complaint properly pleaded a claim for breach of contract. We agree.
We review judgments on the pleadings de novo. Martinez v. Fla. Power & Light
Reversed and Remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.