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FERRIS v. FERRIS

No. 94-2255.

660 So.2d 418 (1995)

Robert D. FERRIS, Appellant, v. Glenda Fay FERRIS, and Thomas Herbert Landress, Appellees.

District Court of Appeal of Florida, Fourth District.

September 20, 1995.

Attorney(s) appearing for the Case

Robert D. Ferris, Raiford, pro se appellant.

Philip L. Valente, Jr. of Law Offices of Louis M. Silber, P.A., West Palm Beach, for appellee — Thomas Herbert Landress.

PER CURIAM.

Reversed. The defendant moved for and obtained a judgment on the pleadings based on his affirmative defense of res judicata. This was error, as an affirmative defense is deemed denied and therefore false when no reply is filed. Jaramillo v. Dubow, 588 So.2d 677 (Fla. 3d DCA 1991). The final judgment is reversed and remanded for further proceedings.

GLICKSTEIN, STONE and WARNER...

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