Hertz Commercial Leasing Corp. v. Seebeck

ORFINGER, Judge.

Appellant filed an action against appellee claiming damages by virtue of the breach of an equipment lease. Appellee’s answer admitted the execution of the lease, but denied the breach. Appellee also affirmatively pleaded (a) termination by mutual consent; (b) release; (c) waiver; and (d) lach-es. Appellant filed no reply to the affirmative defenses, and noticed the case for trial.

On the day set for trial, appellee moved ore tenus for a judgment on the pleadings and the subsequent orders entered by the court granting the motion make it appear that the motion was granted because…