Miller v. Allen Eng'g, Inc., 358 So. 2d 857 (Fla. 4th DCA 1978). · Go Syfert
Miller v. Allen Eng'g, Inc., 358 So. 2d 857 (Fla. 4th DCA 1978). Cases Citing This Book View Copy Cite
No syfertize treatment data for this case.
Retrieving the full opinion text from the archive…
John P. MILLER, Jerry Lyman and Thomas Striegel
v.
ALLEN ENGINEERING, INC., a Florida Corporation
No. 76-2711.
District Court of Appeal of Florida, Fourth District.
May 16, 1978.
Published opinion
358 So. 2d 857
1978 Fla. App. LEXIS 15580
William T. McCluan of Crofton, Holland, Starling, Harris & Severs, P. A., and Palmer W. Collins, Melbourne, for appellants., Joe Teague Caruso and Curtis R. Mosley of Wolfe, Kirschenbaum, Caruso & Mosley, Cocoa Beach, for appellee.
Anstead, Dauksch, Downey.
Published
PER CURIAM.

The trial court entered a judgment on the pleadings against the appellant, in which he determined among other things, that the basis of appellant’s action was known to the appellant during the pendency of previous litigation between the parties, and hence, the action should have been filed as a counterclaim. A motion for judgment on the pleadings is predicated solely on the contents of the pleadings. The pleadings herein are not sufficient, in and of themselves, to support the trial court’s determination. Accordingly, the judgment is hereby reversed with directions for further proceedings consistent herewith.

DOWNEY, C. J., and ANSTEAD and DAUKSCH, JJ., concur.