You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Thomas v. Ratiner

Citations: 419 So. 2d 1194; 1982 Fla. App. LEXIS 21397Docket: No. 82-1292

Court: District Court of Appeal of Florida; October 12, 1982; Florida; State Appellate Court

Narrative Opinion Summary

The order granting judgment on the pleadings is reversed due to the appellee's confession of error. The case is remanded to the trial court with instructions to vacate the prior order and reinstate the case, allowing defendants to assert that the plaintiffs lack a valid cause of action against them.

Legal Issues Addressed

Remand for Further Proceedings

Application: The case was sent back to the trial court with specific instructions to vacate the prior order and allow the defendants to argue that the plaintiffs lack a valid cause of action.

Reasoning: The case is remanded to the trial court with instructions to vacate the prior order and reinstate the case, allowing defendants to assert that the plaintiffs lack a valid cause of action against them.

Reversal of Judgment on the Pleadings

Application: The appellate court reversed the trial court's decision due to the appellee's confession of error, indicating procedural or substantive mistakes in the original judgment.

Reasoning: The order granting judgment on the pleadings is reversed due to the appellee's confession of error.