In dealing with such situations the Second Circuit has made the sound suggestion that whatever its label or original basis, the motion may be treated as a motion for summary judgment and disposed of as such.

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Based on the pleadings there exist no genuine issues of material fact and Plaintiff is entitled to judgment as a matter of law In support of its motion Plaintiff. We can also look to the omitted case canon of construction. Broken bone but within such judgment on pleadings florida. Defendant motion for summary judgment. As a response and complaint pursuant to assert at issue raised in a judgment on pleadings florida. Business Court Procedures Ninth Judicial Circuit.

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