Fishman v. Auction Co. of America

District Court of Appeal of Florida

Fishman v. Auction Co. of America

526 So. 2d 94, 12 Fla. L. Weekly 2688, 1987 Fla. App. LEXIS 11162, 1987 WL 1760

CourtDistrict Court of Appeal of Florida

DecidedNovember 25, 1987

DocketNo. 4-86-2171

StatusPublished

This text of 526 So. 2d 94 (Fishman v. Auction Co. of America) is published on Counsel Stack Legal Research, covering District Court of Appeal 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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Fishman v. Auction Co. of America, 526 So. 2d 94, 12 Fla. L. Weekly 2688, 1987 Fla. App. LEXIS 11162, 1987 WL 1760 (Fla. Ct. App. 1987).

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Opinion

PER CURIAM.

We reverse the judgment on the pleadings and order of dismissal entered against the appellants in their action alleging active fraud against the appellees. Since the pleadings state á cause of action for fraud and no defenses are established on the face of the pleadings it was error to enter a dismissal and judgment on the pleadings. See Storrs v. Storrs, 130 Fla. 711, 178 So. 841 (1937); Moser v. Thorp Sales Corp., 256 N.W.2d 900 (Iowa 1977), aff'd as modified and remanded, 312 N.W.2d 881 (Iowa 1981), aff'd, 334 N.W.2d 715 (Iowa 1983).

ANSTEAD, LETTS and GUNTHER, JJ., concur.

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PER CURIAM.

We reverse the judgment on the pleadings and order of dismissal entered against the appellants in their action alleging active fraud against the appellees. Since the pleadings state á cause of action for fraud and no defenses are established on the face of the pleadings it was error to enter a dismissal and judgment on the pleadings. See Storrs v. Storrs, 130 Fla. 711, 178 So. 841 (1937); Moser v. Thorp Sales Corp., 256 N.W.2d 900 (Iowa 1977), aff'd as modified and remanded, 312 N.W.2d 881 (Iowa 1981), aff'd, 334 N.W.2d 715 (Iowa 1983).

ANSTEAD, LETTS and GUNTHER, JJ., concur.

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526 So. 2d 94, 12 Fla. L. Weekly 2688, 1987 Fla. App. LEXIS 11162, 1987 WL 1760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fishman-v-auction-co-of-america-fladistctapp-1987.

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