Miller v. Smith

Upon review of the briefs, record on appeal and oral argument, and in light of the recent decision of the Supreme Court of Florida in Moore Meats, Inc. v. Strawn, in & for Seminole Cty., 313 So.2d 660 (Fla.1975), we are of the opinion that the order granting defendants’ motion for judgment on the pleadings should be vacated and set aside.

A review of the judgment below reflects that it was predicated primarily upon plaintiff’s failure to file, within 20 days, (see Rule 1.140(a), Fla.R.Civ.P.) a reply to affirmative defenses raised by the defendants. According to the holding in Moore, it is…