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HUGHES LABORATORIES, INC. v. MURPHY

No. 95-1010.

666 So.2d 566 (1996)

HUGHES LABORATORIES, INC., Appellant, v. Michael J. MURPHY; Fireman's Fund Insurance Companies; American Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 7, 1996.

Attorney(s) appearing for the Case

Brigham & Brigham and Dana P. Brigham, Miami Lakes, for appellant.

Gaebe, Murphy, Mullen & Antonelli and Michael J. Murphy, Coral Gables, for appellees.

Before GERSTEN, GODERICH and GREEN, JJ.

PER CURIAM.

The plaintiff below, Hughes Laboratories, Inc., appeals from a Final Judgment on the Pleadings for the Defendants. We reverse for the following reasons.

First, the motion for judgment on the pleadings was prematurely filed since the defendants had not yet filed their answer. Therefore, the trial court erred in entertaining the motion at that point of the proceedings. J & S Coin Operated Machs....

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