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EQUIBANK v. PENLAND

No. Y-190.

344 So.2d 629 (1977)

EQUIBANK, N.A., a National Banking Association, Appellant, v. S. Perry PENLAND et Ux., Appellees.

District Court of Appeal of Florida, First District.

April 13, 1977.

Attorney(s) appearing for the Case

Williams S. Cross, of Graham, Hodge, Swan & Larson, Fort Lauderdale, for appellant.

Walter C. Shea, Jacksonville, for appellees.

PER CURIAM.

Equibank (appellant-plaintiff) appeals a final judgment granting judgment on the pleadings. We reverse.

Suit was instituted by Equibank seeking foreclosure of a mortgage against the Penlands (appellees) and others. Penland, et ux., in their answer, alleged lack of consideration, consent, ratification, and estoppel. Equibank did not reply to the foregoing affirmative defenses. The trial court granted Penlands' motion for judgment on the pleadings...

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