Kendall Flying School, Inc. v. Robertson, 2386
Decision Date | 22 July 1969 |
Docket Number | No. 2386,2386 |
Parties | KENDALL FLYING SCHOOL, INC., Appellant, v. Andrew ROBERTSON, Jr., Appellee. |
Court | Florida District Court of Appeals |
Jon E. Krupnick, of Walsh & Dolan, Fort Lauderdale, for appellant.
Arthur S. Davis and Richard M. Sepler, Hialeah, for appellee.
WHITE, JOSEPH S., Associate Judge.
In this case plaintiff in the lower court has appealed from a final judgment for defendant entered upon the latter's motion for judgment on the pleadings.
In its complaint plaintiff charged that it had rented an airplane to the defendant and that through negligent conduct defendant damaged the plane. Defendant's answer denied the allegation of negligence, and in addition set up an affirmative defense by the following allegations:
Defendant then moved for judgment on the pleadings and at the hearing on this motion counsel for the parties stipulated that the airplane in question was covered by hull collision insurance and that the insurance company having paid the loss, less the deductible portion thereof, the insurance company was the real party in interest and was seeking to enforce its alleged subrogation rights provided for in the contract of insurance, the parties further stipulating that a copy of such insurance policy could by admitted into evidence and considered by the court. The lower court, relying upon on the case of tursair Executive Aircraft Services, Inc. v. United States, 5 Cir. 1967, 383 F.2d 381, entered final judgment for the defendant.
The case at bar illustrates the improper use of a motion for judgment on the pleadings. See Butts v. State Farm Mutual Automobile Insurance Co., ...
To continue reading
Request your trial-
Westwood Lake, Inc. v. Dade County
...Flaherty v. Metal Products Corp., 83 So.2d 9 (Fla.1955), as well as decisions of district courts of appeal; Kendall Flying School, Inc. v. Robertson, 225 So.2d 344 (4th DCA Fla.1969); and Davis v. Davis, 123 So.2d 377 (1st DCA Fla.1960), on the same points of law. We have jurisdiction under......
-
Bergeron Land Development, Inc. v. Knight, 74--529
...of the nonmoving party. Greater Miami Tel. Answer. Serv. v. A--1 Answer. Serv., Fla.App.1962, 141 So.2d 619; Kendall Flying School, Inc., v. Robertson, Fla.App.1969, 225 So.2d 344. The second rule is that 'the trial court is not authorized to take judicial notice of the records in a differe......