Opinion
No. 69-127.
December 8, 1969.
Appeal from the Circuit Court, Broward County, Stephen R. Booher, J.
Thomas P. Quinn and David T. Price, Fort Lauderdale, for appellant.
Roger H. Harper, Boca Raton, for appellees.
A judgment for the defendant on a motion for judgment on the pleadings under Rule 1.140(c), RCP, 30 F.S.A., may not be granted on the basis of allegations in the defendant's answer where no reply is required because such allegations are deemed denied, Miller v. Eatmon, Fla.App. 1965, 177 So.2d 523. For this reason, we affirm the order of the trial court denying defendant's motion for judgment on the pleadings.
Affirmed.
McCAIN and REED, JJ., concur.
CROSS, C.J., concurs in conclusion.