Legal Opinion
Glidden Co. v. Zuckerman
District Court of Appeal of Florida
Decided March 16, 1971No. 70-176PublishedCited by 2 opinions
1Opinion of the Court
MARTIN, HENRY F., Jr., Associate Judge.
Appellant, plaintiff below, appeals from an adverse judgment on the pleadings entered upon defendant appellee’s motion pursuant to Rule 1.140(c) F.R.C.P., 30 F. *640S.A. The parties will be referred to as they stood in the trial court.
The only pleadings before the trial court were the complaint and answer. It is well established that the allegations of the answer are deemed denied, where no reply is required, and such allegations cannot be a basis for any such judgment on the pleadings. City of Pompano Beach v. Oltman, Fla.App.1969, 228 So.2d 610; Miller v.…
2Cases cited6 opinions
- AJ Armstrong, Inc. v. Janburt Embroidery Corp.New Jersey Superior Court Appellate Division · 1967
- Reinhard v. BlissSupreme Court of Florida · 1956
- Lutz v. Frick Co.Indiana Supreme Court · 1962
- Miller v. EatmonDistrict Court of Appeal of Florida · 1965
- London Leasing Corp. v. Interfina, Inc.New York Supreme Court · 1967
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3Cited by2 opinions
- Appel v. ScottDistrict Court of Appeal of Florida · 1985
- Stephen Bodzo Rlty., Inc. v. Willits Intern. Corp.District Court of Appeal of Florida · 1981