CONTINENTAL INSURANCE CO. v. PARKINS

No. 86-904.

502 So.2d 524 (1987)

CONTINENTAL INSURANCE COMPANY, Appellant, v. Robert L. PARKINS, Appellee.

District Court of Appeal of Florida, Third District.

February 17, 1987.


Attorney(s) appearing for the Case

Corlett, Killian, Hardeman, McIntosh & Levi, P.A., and Leanne J. Frank and Robert A. Mercer, Miami, for appellant.

Morgan, Lewis & Bockius and Paul J. Levine and Cynthia S. Bianchi, Miami, Gaebe & Murphy and Michael J. Murphy, Coral Gables, for appellee.

Before BARKDULL, HUBBART, and JORGENSON, JJ.


PER CURIAM.

We reverse the order of the trial court entering final judgment on the pleadings in favor of Robert L. Parkins. In considering Parkins' motion for judgment on the pleadings, the trial court was required to accept as true the allegations set forth by Continental, the nonmoving party, and to regard as false the contrary assertions of Parkins. Judgment on the pleadings was proper only if, on the undisputed facts, the trial court could have concluded that...

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