AMERICAN HERITAGE LIFE
A L L S T A T E F I N A N C I A L
INSURANCE COMPANY, and THE
IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
CASE NO. 1D07-1513
Opinion filed February 29, 2008.
An appeal from the Circuit Court for Duval County.
John H. Skinner, Judge.
Archibald J. Thomas, III, of Thomas & Klink, Jacksonville, for Appellant.
Timothy B. Strong and Robert D. Sheesley, of Coffman, Coleman, Andrews &
Grogan, P. A., Jacksonville, for Appellees.
Appellant Elise Kahn appeals the trial court’s judgment on the pleadings. In
Count I of her amended complaint, appellant alleges a breach of contract action
against appellee American Heritage Life Insurance Company. We must accept the
allegations as true, therefore we do not reach or comment on the merits of the
allegations made. See Crocker v. Pleasant, 778 So. 2d 978, 981 n.4 (Fla. 2001)
(“Because this case is before us after the trial court granted a motion for judgment on
the pleadings, our inquiry is a narrow one and we must accept as true all well-pleaded
allegations of the non-moving party. Judgment on the pleadings can be granted only
if, on the facts as admitted for purposes of the motion, the moving party is clearly
entitled to judgment.”) (internal citation omitted). To the extent that the claim is not
supported by the material facts necessary to establish the claim, sanctions under
section 57.105, Florida Statutes, may apply.
We agree with appellant that she states a claim for breach of her agent contract
with American Heritage for unpaid commissions associated with the Philadelphia
Federal Credit Union account. Therefore, we reverse the judgment relating to
appellant’s breach of contract claim against American Heritage and remand for further
proceedings on that claim. We affirm the judgment relating to all o