ROBERT D. FERRIS, APPELLANT,
v.
GLENDA FAY FERRIS, AND THOMAS HERBERT LANDRESS, APPELLEES
ROBERT D. FERRIS, APPELLANT,
GLENDA FAY FERRIS, AND THOMAS HERBERT LANDRESS, APPELLEES
660 So. 2d 418
Florida District Court of Appeal, Fourth District (1995)
Positive Treatment
Cited by 5 cases
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Roman v. Bogle, 113 So. 3d 1011 (Fla. 5th DCA 2013)…e affirmative defenses are deemed denied and therefore false. Brewster v. Castano, 937 So. 2d 1268, 1269 (Fla. 2d DCA 2006) (“When there has been no reply to an affirmative defense, it is deemed to be denied and therefore false.”); Ferris v. Ferris, 660 So. 2d 418, 418 (Fla. 4th DCA 1995); Jaramillo v. Dubow, 588 So. 2d 677, 677-78 (Fla. 3d DCA 1991); Hertz Commercial Leasing Corp. v. Seebeck, 399 So. 2d 1110, 1111 (Fla. 5th DCA 1981); Fla. R. Civ. P. 1.110(e) (“Averments in a pleading to which no responsive…
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Dilson S. Urribari & la Placita Grocery of Fort Pierce Corp. v. 52 SW 5TH CT Whse, LLC, 266 So. 3d 1257 (Fla. 4th DCA 2019)
Authorities Cited
- Jaramillo v. Dubow, 588 So. 2d 677 (Fla. 3d DCA 1991)