THE CITY OF ORMOND, A MUNICIPAL CORPORATION IN VOLUSIA COUNTY, FLORIDA,
v.
STATE OF FLORIDA, EX REL., J. TOM WATSON, ATTORNEY GENERAL OF THE STATE OF FLORIDA, ET AL.

Fla. | 1943-02-19
BUFORD, C. J., TERRELL, BROWN and THOMAS, JJ., concur., CHAPMAN, J., dissents., SEBRING, J., not participating.
152 Fla. 419 Florida Supreme Court (1943) Positive Treatment
Also reported at: 12 So. 2d 114
Cited by 10 cases

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Synopsis

The Florida Supreme Court reviewed a judgment of ouster against the City of Ormond, which sought to remove the city's control over a specific area. The Court held that the city's answer raised factual issues requiring a trial, making a judgment on the pleadings improper.

Holding

No, the City of Ormond's answer alleged facts that presented an issue necessitating a trial, and therefore, the lower court erred in entering a judgment on the pleadings.

Key Quotes

“This Court is committed to the rule that judgment on the pleadings will not be given for relator when the answer alleges facts presenting an issue necessitating a trial.”

Establishes the legal principle guiding the court's decision regarding judgments on pleadings when factual issues are raised.

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Facts & Procedural History

The Attorney General, on behalf of fifteen relators, filed an information in quo warranto seeking to oust the City of Ormond from exercising control o…

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Topics
Ouster Quo Warranto Judgment On The Pleadings Affirmative Defense

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Opinion of the Court
ADAMS, J.:

ADAMS, J.:

We have before us for review a judgment of ouster entered on information in quo warranto and answer thereto.

The information was filed by the attorney general on relation of fifteen corelators to oust the respondent city from exercising control over a relatively small area of the City.

The substance of the answer was to deny the material allegations of the information and also alleged facts as an affirmative defense.

The only question is, was the answer sufficient to require the taking of testimony?

This Court is committed to the rule that judgment on the pleadings will not be given for relator when the answer alleges facts presenting an issue necessitating a trial. Watson v. Phipps, 99 Fla. 568, 126 So. 778; City of Auburndale v. State, 148 Fla. 671, 5 So. (2nd) 241. It was therefore error to enter judgment on the pleading in this case and the judgment is reversed.

BUFORD, C. J., TERRELL, BROWN and THOMAS, JJ., concur.

CHAPMAN, J., dissents.

SEBRING, J., not participating.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • City OF N. Miami Beach v. State, 152 Fla. 478 (Fla. 1943)
  • Mazak v. Rowe, 112 So. 2d 57 (Fla. 2d DCA 1959)
    …was a question of whether or not the defendant’s car was parked illegally. In the present case it affirmatively appears by the amended complaint that the trash truck was parked illegally. In the case of City of Ormond v. State ex rel. Watson, 1943, 152 Fla. 419, 12 So. 2d 114, our Supreme Court said: “This court is committed to the rule that judgment on the pleadings will not be given for relator when the answer alleges facts presenting an issue necessitating a trial. Watson v. Phipps, 99 Fla. 568, 126 So…
  • State OF Fla. ex rel. v. Dade Cnty. Roofing Co., Inc., 156 Fla. 260 (Fla. 1945)
    …the parties to pursue their remedy by a new proceeding of like nature in the circuit court. To like effect is City of Coral Gables v. State ex rel. Gibbs, Atty. Gen., 148 Fla. 671, 5 So. (2nd) 241; City of Ormond, v. State ex rel. Watson, Atty. Gen. 152 Fla. 419, 12 So. (2nd) 114. From an examination of the information filed by the Attorney General it is manifestly clear that the whole case rests upon the asserted invalidity of an alleged written contract made between respondent and a stranger to the suit…

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