Draper & Kramer, Inc. v. Lerow

Birdsong, Judge.

Appellant (landlord), the landlord of an apartment complex in which appellee (tenant) resides, appeals from the judgment of the trial court, which denied the writ of possession filed by landlord. The findings and judgment of the trial court are challenged by the landlord.

1. Landlord contends that the trial court erred in refusing to grant landlord’s motion for judgment on the pleadings. A motion for judgment on the pleadings should not be granted unless the pleadings establish that under no circumstances would the opposing party prevail. McClure v. Leasco Computer, Inc., 134…