Otterson v. Jones

POPOVICH, Judge:

The plaintiff/appellant, Agnes Otterson, appeals the order granting the Motion for Judgment on the Pleadings of the defendant/appellee, Allen Jones. We reverse.

“Like all summary judgments entered without a trial judgment on the pleadings may be entered only in clear cases free from doubt where there are no issues of fact, and only where the cause is so clear that a trial would clearly be a fruitless exercise.... The party moving for the judgment on the pleadings admits for the purpose of his motion the truth of all the allegations of his adversary and the untruth of any of his…