Town of North Miami v. State Ex Rel. Watson
Cases that cite this one
3 later published cases cite this decision.
- Bay Convalescent Center, Inc. v. Carroll (Fla. Dist. Ct. App. 1977)
- Pelle v. Gluckman (Fla. Dist. Ct. App. 1972)
- North Shore Hospital, Inc. v. Barber (Fla. 1962)
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
The appeal brings for review judgment of ouster entered upon demurrer sustained to an amended answer. The answer categorically denied many of the material allegations of the information and thereby presented an issue of fact.
It is true that amended answer did not sufficiently allege any matter by way of affirmative defense; but the allegations of the amended answer denying the material allegations of the information were sufficient to require relator to prove those material allegations which were so denied.
• Therefore, the judgment should be reversed on authority of our opinion and judgment in the case of City of North Miami Beach v. State ex rel. Watson, as Attorney General, et al., 152 Fla. 478, 12 So. (2nd) 167, and cases there cited.
It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.