Ferris v. Ferris

660 So. 2d 418, 1995 Fla. App. LEXIS 9917, 1995 WL 553011
District Court of Appeal of Florida·Decided September 20, 1995·No. No. 94-2255·Published·Cited by 2 cases

Opinion

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.

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Ferris v. Ferris, 660 So. 2d 418, 1995 Fla. App. LEXIS 9917, 1995 WL 553011 (Fla. Ct. App. 1995).

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