Legal Opinion

Ferris v. Ferris

District Court of Appeal of Florida

Decided September 20, 1995No. 94-2255PublishedCited by 2 opinions

1Per curiam

Reversed. The defendant moved for and obtained a judgment on the pleadings based on his affirmative defense of res judicata. This was error, as an affirmative defense is deemed denied and therefore false when no reply is filed. Jaramillo v. Dubow, 588 So.2d 677 (Fla. 3d DCA 1991). The final judgment is reversed and remanded for further proceedings.

GLICKSTEIN, STONE and WARNER, JJ., concur.

2Cases cited1 opinion

  1. Jaramillo v. DubowDistrict Court of Appeal of Florida · 1991

3Cited by2 opinions

  1. DILSON S. URRIBARI and LA PLACITA GROCERY OF FORT PIERCE CORP. v. 52 SW 5TH CT WHSE, LLCDistrict Court of Appeal of Florida · 2019
  2. Roman v. BogleDistrict Court of Appeal of Florida · 2013