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CITY OF POMPANO BEACH v. OLTMAN

No. 69-127.

228 So.2d 610 (1969)

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.

District Court of Appeal of Florida. Fourth District.

December 8, 1969.

Attorney(s) appearing for the Case

Thomas P. Quinn and David T. Price, Fort Lauderdale, for appellant.

Roger H. Harper, Boca Raton, for appellees.

PER CURIAM.

A judgment for the defendant on a motion for judgment on the pleadings under Rule 1.140(c), RCP, 30 F.S.A., may not be granted on the basis of allegations in the defendant's answer where no reply is required because such allegations are deemed denied, Miller v. Eatmon, Fla.App. 1965, 177 So.2d 523. For this reason, we affirm the order of the trial court denying defendant's motion for judgment on the pleadings.

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