WHITE v. DYER

No. 72-5.

261 So.2d 863 (1972)

Burnice Mincey WHITE and Bankers Fire and Casualty Company, Appellants, v. Katherine DYER, Appellee.

District Court of Appeal of Florida, Second District.

May 12, 1972.


Attorney(s) appearing for the Case

Kenneth C. Deacon, Jr., of Harris, Barrett & Dew, St. Petersburg, for appellants.

M.H. Jones, Clearwater, for appellee.


MANN, Judge.

There was a time when a defendant demurred at his peril,1 but it is long past. In this case, for reasons inscrutable, an able lawyer filed, with his motion to dismiss the complaint, a motion for judgment on the pleadings, without filing an answer. The trial judge, taking as true all the complaint said, agreed that it was subject to dismissal for improper form but was sound in substance, and he entered judgment on the pleadings...

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