Legal Opinion

BankAmerica Housing Services v. Allstate Insurance

District Court of Appeal of Florida

Decided October 27, 2000No. 2D99-2573PublishedCited by 1 opinion

1Opinion of the Court

CAMPBELL, Acting Chief Judge.

Appellant, BankAmerica, challenges the final judgment on the pleadings entered by the trial court in favor of appellee, Allstate. We reverse.

In considering a motion for judgment on the pleadings, all material allegations of the party against whom judgment on the pleadings is sought are to be taken as true and all those of the moving party which have been denied are taken as false. A motion for judgment on the pleadings may be granted only if the moving party is clearly entitled to judgment as a matter of law. See 4100 5th Avenue Corp. v. PHL/Millwork Div., Inc.,…

2Cases cited3 opinions

  1. Farag v. Nat. Databank Sub., Inc.District Court of Appeal of Florida · 1984
  2. Airvac, Inc. v. Ranger Insurance CompanyDistrict Court of Appeal of Florida · 1972
  3. 4100 5th Ave. Corp. v. PHL/MILLWORKDistrict Court of Appeal of Florida · 1998

3Cited by1 opinion

  1. State Farm Fire & Casualty Co. v. DubrovskyAppellate Court of Illinois · 2018

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