¶1Reversed. 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.
660 So. 2d 418
Ferris v. Ferris
District Court of Appeal of Florida
Decided September 20, 1995
District Court of Appeal of Florida · decided 1995-09-20
Cited by 2 later decisions — most recently March 2019
2 state decisions
Relies on 588 So. 2d 677 - Jaramillo v. Dubow
Good law ✅— No negative treatment on recordhow we know
Decided 1995-09-20
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