CITY OF POMPANO BEACH, APPELLANT,

v.

L. M. OLTMAN, GERALD F. GLASS AND FLOYD F. TOOMEY, AND OTHERS NOT NAMED BUT MADE PARTIES AS MEMBERS OF A CLASS, APPELLEES

Citator

Cited By

• Mr. & Mrs. Dale Appel v. Scott, 479 So. 2d 800 (Fla. 2d DCA 1985)
  …defendant may not obtain a judgment on the pleadings on the basis of allegations in his answer where a reply was not required or ordered by the court. Glidden Co. v. Zuckerman, 245 So. 2d 639, 640 (Fla. 3d DCA 1971); City of Pompano Beach v. Oltman, 228 So. 2d 610 (Fla. 4th DCA 1969); Miller v. Eatmon, 117 So. 2d 523, 524 (Fla. 1st DCA 1965). There is no evidence in the record before us that the court ever ordered the appellants to reply to the allegations in the appellees’ answer. Therefore, the court had to…
• Maszewski v. Piskadlo, 318 So. 2d 226 (Fla. 2d DCA 1975)
  …in this case, the plaintiff’s complaint, must be assumed, Pelle v. Gluckman, Fla.App.3d 1972, 269 So. 2d 33, 34. Statements in the pleading of the movant, here, the answer, are deemed to be untrue. City of Pompano Beach v. Oltman, Fla.App.4th 1969, 228 So. 2d 610. The essential question before us, then, is whether the complaint states a cause of action for the relief sought against the defendant, Butts v. State Farm Mut. Auto Ins. Co., Fla.App.3d 1968, 207 So. 2d 73. Applying these tests, it seems clear that…
• The Glidden Co. v. Zuckerman, 245 So. 2d 639 (Fla. 3d DCA 1971)
  …plaint and answer. It is well established that the allegations of the answer are deemed denied, where no reply is required, and such allegations cannot be a basis for any such judgment on the pleadings. City of Pompano Beach v. Oltman, Fla.App.1969, 228 So. 2d 610; Miller v. Eatmon, Fla.App.1965, 177 So. 2d 523. The test to be applied was spelled out in Reinhard v. Bliss, Fla. 1956, 85 So. 2d 131, 133, as follows: “In passing on such motion made by defendant all well pleaded material allegations of the compl…

Authorities Cited

• Miller v. George C. Eatmon et ux., 177 So. 2d 523 (Fla. 1st DCA 1965)