CHATEAU ENTERPRISES, INC., A FLORIDA CORPORATION, APPELLANT,
v.
EARNEST OVERSTREET, AS TAX COLLECTOR OF DADE COUNTY, FLORIDA, AND RAY GREEN, AS COMPTROLLER OF THE STATE OF FLORIDA, APPELLEES

Fla. 3d DCA | 1959-11-16
No. 59-286
HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.
115 So. 2d 433 Florida District Court of Appeal, Third District (1959) Positive Treatment
Cited by 9 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed on authority of Nash v. Merritt Island Lumber Company, Fla.App.1959, 110 So.2d 677.

HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.


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  • …Upon a hearing on defendant’s motion for a judgment on the pleadings, after defendant has answered, matters outside the pleadings may not be considered. Reinhard v. Bliss, Fla.1956, 85 So. 2d 131; Storer v. Florida Sportservice, Inc., Fla.App.1959, 115 So. 2d 433; Castner v. Ziemer, Fla.App.1959, 113 So. 2d 263. In considering such a motion, all material allegations of the opposing party’s pleading are taken as true, and all of the movant’s allegations which have been denied are taken as false. Since the ans…
  • J. H. "Jim" Williams v. Howard, 329 So. 2d 277 (Fla. 1976)
    …l judgment be entered on the motions without further argument or briefing”. We conclude, therefore, that the parties waived strict application of the rule so that the matter could be expeditiously concluded. See Storer v. Florida Sportservice, Inc., 115 So. 2d 433 (Fla. App.3d 1959) as discussed in Davis v. Davis, 123 So. 2d 377 (Fla.App.lst 1960). We recur to the question of the standard to be applied in passing upon the motions as made by the parties, without regard to the general denials contained in appel…
  • Davis v. Davis, 123 So. 2d 377 (Fla. 1st DCA 1960)
    …, 85 So. 2d 131, 133. . City of Miami v. Miami Transit Company, Fla.App.1957, 96 So. 2d 799, 802. . Reinhard v. Bliss, supra note 5. . City of Miami v. Miami Transit Company, see footnote 6. . Storer v. Florida Sportservice, Inc., Fla. App.1959, 115 So. 2d 433. . Radar v. Prather, 100 Fla. 591, 130 So. 15; Kreiss Potassium Phosphate Co. v. Knight, 98 Fla. 1004, 124 So. 751; Masser v. London Operating Co., 108 Fla. 474, 145 So. 72, 79. . Rutig v. Lake Jem Land Co., 155 Fla. 420, 20 So. 2d 497; Stephenson…

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