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J & J UTIL. COMPANY INC. v. WINDMILL VILLAGE

No. 85-1534.

485 So.2d 36 (1986)

J & J Utility COMPANY, INC., Appellant, v. WINDMILL VILLAGE BY THE SEA CONDOMINIUM NO. I ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

March 19, 1986.

Attorney(s) appearing for the Case

J. Stockton Bryan, Stuart, for appellant.

Jane L. Cornett of Wackeen & Cornett, P.A., Stuart, for appellee.

GUNTHER, Judge.

J & J appeals a final judgment that granted Windmill's motion for judgment on the pleadings and dismissed J & J's first amended complaint with prejudice on the grounds that the issues were res judicata. We reverse.

In the instant case, prior to the motion for judgment on the pleadings, the trial court had made a specific finding that J & J's first amended complaint stated a cause of action. Thereafter, Windmill filed an answer and...

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