METROPOLITAN BANK & TRUST COMPANY v. VANGUARD INSURANCE COMPANY

No. 80-1515.

400 So.2d 184 (1981)

METROPOLITAN BANK & TRUST COMPANY, a Florida Banking Corporation, Appellant, v. VANGUARD INSURANCE COMPANY, a Foreign Corporation, Appellee.

District Court of Appeal of Florida, Second District.

June 24, 1981.


Attorney(s) appearing for the Case

Scott Charlton and Tony Martino of Peavyhouse, Giglio, Grant, Clark, Charlton & Opp, Tampa, for appellant.

Douglas P. Lawless of Dickinson, O'Riorden, Gibbons, Quale, Shields & Carlton, P.A., Sarasota, for appellee.


GRIMES, Judge.

This appeal involves the procedural propriety of a judgment on the pleadings.

The court dismissed plaintiff's complaint and an amended complaint for failure to state a cause of action. When the plaintiff filed a second amended complaint, the defendant filed a motion to dismiss it and also moved to strike it as a sham pleading. However, the defendant never filed an answer to any of the complaints. At the hearing the court denied the motion to...

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