Continental Insurance Co. v. Parkins

We reverse the order of the trial court entering final judgment on the pleadings in favor of Robert L. Parkins. In considering Parkins’ motion for judgment on the pleadings, the trial court was required to accept as true the allegations set forth by Continental, the nonmoving party, and to regard as false the contrary assertions of Parkins. Judgment on the pleadings was proper only if, on the undisputed facts, the trial court could have concluded that Parkins was entitled to judgment as a matter of law. Robert L. Turchin, Inc. v. Gelfand Roofing, Inc., 450 So.2d 554 (Fla. 3d DCA), rev.…