Opinion
No. 94-2255.
September 20, 1995.
Appeal from the Circuit Court, Palm Beach County, Edward Fine, J.
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.
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, JJ., concur.