JARAMILLO v. DUBOW

No. 91-13.

588 So.2d 677 (1991)

Juan E. JARAMILLO and Clara Inez Jaramillo, his wife, Appellants, v. Alan E. DUBOW, as Trustee, Appellee.

District Court of Appeal of Florida, Third District.

November 12, 1991.


Attorney(s) appearing for the Case

Koltun & Greenberg and Ana M. Veliz, Miami, for appellants.

Alan E. Dubow, in pro. per.

Before HUBBART, COPE and GODERICH, JJ.


PER CURIAM.

Because the trial court, without dispute, relied on essential facts outside the pleadings when it granted the defendant Alan E. Dubow's motion for judgment on the pleadings based on the affirmative defense of res judicata, the final judgment on the pleadings was erroneously entered below and must be reversed. Although the point was not raised below, the error here is fundamental in nature and may be raised for the first time on appeal. J & J Util...

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