Balboa Insurance v. St. Johns Engineering Co.

DAUKSCH, Judge.

This is an appeal from a final judgment which was entered after the parties presented the trial judge with the pleadings, a stipulated statement of facts and opposing memoranda of law. Among the various allegations of error is the assertion on the part of the appellant that it was denied due process of law by the court’s refusal to allow the appellant to answer allegations of estoppel and waiver which appellee raised as affirmative defenses. It is clear from the record that after the parties had agreed to present the case to the court upon the pleadings, the stipulated…