TOWN OF NORTH MIAMI, FLORIDA, A MUNICIPAL CORPORATION,
v.
STATE OF FLORIDA, EX REL., J. TOM WATSON, ATTORNEY GENERAL, AND WADE H. HORN
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The Florida Supreme Court reversed a judgment of ouster, holding that the defendant's answer denying material allegations in the information was sufficient to raise an issue of fact, thus requiring the relator to prove those allegations.
Yes, the amended answer denying material allegations was sufficient to raise an issue of fact, and the relator was required to prove those allegations.
“The answer categorically denied many of the material allegations of the information and thereby presented an issue of fact.”
Establishes that the defendant's answer raised a factual dispute.
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Join FLexlaw to unlock all legal intelligenceThe State filed an information seeking a judgment of ouster against the Town of North Miami. The Town filed an amended answer that denied many of the …
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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.
CHAPMAN, C. J., TERRELL and ADAMS, JJ., concur.
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N. Shore Hosp., Inc. v. Barber, 143 So. 2d 849 (Fla. 1962)…the motion, together with the affidavit, alleged that the hospital had a meritorious defense to the action inasmuch as it had not been negligent in its treatment of the infant respondent. In Town of North Miami v. State ex rel. Watson, 156 Fla. 340, 22 So. 2d 762, we held that the denial of negligence contained in a responsive pleading alleged a meritorious defense so as to create an issue of fact. A similar holding was reached in State Bank of Eau Gallie v. Raymond, 103 Fla. 649, 138 So. 40. See also Benedi…
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF N. Miami Beach v. State, 152 Fla. 478 (Fla. 1943)