Zambezi Ann, LLC v. Susan D. Deppert
The Fourth DCA reversed an order granting judgment on the pleadings because the pleadings were not closed, as required by Florida Rule of Civil Procedure 1.140(c). The court remanded for further proceedings and cautioned the parties to comply with the requirements and safeguards of the section 56.29 proceedings supplementary statute.
Key facts
- The parties executed a residential sales contract for a home in St. Lucie County; after a dispute, Deppert successfully sued for specific performance, obtaining transfer of the home plus supplemental damages and attorney fees.
- Deppert initiated proceedings supplementary under section 56.29, Florida Statutes, alleging fraudulent transfer of assets to avoid collection.
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Holdings
- A motion for judgment on the pleadings under Rule 1.140(c) may be granted only after the pleadings are closed; entry of judgment on the pleadings before the pleadings close is reversible…
Why it matters
The opinion is a procedural reminder that judgment on the pleadings is unavailable until the pleadings are closed, and it flags the distinct procedural requirements and safeguards of section 56.29 proceedings… — full analysis with a trial
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