Homer v. Connecticut General Life Insurance Co.

HENDRY, Judge.

Appellants, who were defendants below, seek review of a final decree entered upon appellees’ motion for decree on the pleadings filed pursuant to Rule 1.11 (c), Florida Rules of Civil Procedure, 30 F.S.A., then in effect.1 It is settled that upon such motion, all well-pleaded material allegations of the opponent’s pleading are accepted as true, whereas allegations con*252tained in the movant’s pleading, if denied, are deemed false.2 The court, then, is without authority to consider matters outside the pleadings.3 Therefore, the statement of facts hereinafter set out is taken from…