City of Ormond v. State Ex Rel. Watson

Supreme Court of Florida

City of Ormond v. State Ex Rel. Watson

12 So. 2d 114, 152 Fla. 419, 1943 Fla. LEXIS 929

CourtSupreme Court of Florida

DecidedFebruary 19, 1943

StatusPublished

Cited by4 cases

This text of 12 So. 2d 114 (City of Ormond v. State Ex Rel. Watson) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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City of Ormond v. State Ex Rel. Watson, 12 So. 2d 114, 152 Fla. 419, 1943 Fla. LEXIS 929 (Fla. 1943).

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Opinion

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.

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