TONY HABIB, APPELLANT,
v.
MAISON DU VIN FRANCAIS, INC., APPELLEE
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GUNTHER, Judge.
In the instant case, the trial court abused its discretion in entering summary final judgment based upon the deemed admissions which resulted from appellant’s failure to respond to the request for admissions. As in Love v. Allis-Chalmers Corp., 362 So. 2d 1037 (Fla. 4th DCA), appeal dismissed, 366 So. 2d 879 (Fla.1978), the instant record contains evidence contrary to the technical admissions arising out of the unanswered requests for admissions. Furthermore, appellee failed to present evidence to establish that appellee would be prejudiced by permitting appellant to file the responses and proceed to the merits. Melody Tours, Inc. v. Granville Market Letter, Inc., 413 So. 2d 450 (Fla. 5th DCA 1982).
Clearly, the courts have expressed a preference for reaching the merits of a case as evidenced by the holdings in the Melody Tours and Love cases. Accordingly, we reverse the summary final judgment and remand the case with directions to vacate the order granting summary judgment, allow appellant to file his sworn answers to the request for admissions, and for further proceedings consistent with this opinion.
REVERSED AND REMANDED WITH DIRECTIONS.
ANSTEAD and GLICKSTEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Ramos v. Growing Together, Inc., 672 So. 2d 103 (Fla. 4th DCA 1996)…erits. This liberal standard favors amendment in most cases in order to allow disposition on the merits. See Melody Tours, Inc. v. Granville Mkt. Letter, Inc., 413 So. 2d 450, 451 (Fla. 5th DCA 1982). See also Habib v. Maison Du Vin Francois, Inc., 528 So. 2d 553, 553 (Fla. 4th DCA 1988). “The use of admissions obtained through a technicality should not form a basis to preclude adjudication of a legitimate claim.” Sterling v. City of West Palm Beach, 595 So. 2d 284, 285 (Fla. 4th DCA 1992); see also Sher v.…
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Mahmoud S. Mahmoud and Mizhar Mahmoud v. King, 824 So. 2d 248 (Fla. 4th DCA 2002)…ation here where no answers were timely filed, but the record is replete with evidence contradicting the technical admissions arising out of the unanswered request for admissions.” 362 So. 2d at 1039; see also Habib v. Maison Du Vin Francais, Inc., 528 So. 2d 553, 553 (Fla. 4th DCA 1988) (“Clearly, the courts have expressed a preference for reaching the merits of a case as evidenced by the holding! ] in the Love ease[ ].”); Sterling v. City of West Palm Beach, 595 So. 2d 284, 285 (Fla. 4th DCA 1992) (“The us…
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Deutsche Bank Tr. Co. Americas v. Becki Ruth Maas and Ryan David Maas, 228 So. 3d 682 (Fla. 2d DCA 2017)…technical admissions is to be liberally granted. See, e.g., Wells Fargo Bank, Nat’l Ass’n v. Voorhees, 194 So. 3d 448, 451 (Fla. 2d DCA 2016); Pennymac Corp. v. Labeau, 180 So. 3d 1216, 1219 (Fla. 3d DCA 2015); Habib v. Maison Du Vin Francais, Inc., 528 So. 2d 553, 553 (Fla. 4th DCA 1988). Where the record before the court contradicts the admissions and the opposing party has not shown it will be prejudiced by the withdrawal of the admissions, we have held it is an abuse of discretion for the trial court to d…
Authorities Cited
- Melody Tours, Inc. v. Granville Mkt. Letter, Inc., 413 So. 2d 450 (Fla. 5th DCA 1982)
- Love v. Allis-Chalmers Corp., 362 So. 2d 1037 (Fla. 4th DCA 1978)