CAROLINE MORGAN, APPELLANT,
v.
LILLIAN C. THOMSON, APPELLEE
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A trial court cannot err by relying on admissions resulting from a failure to timely answer requests for admissions unless the party moves for relief from those admissions.
The defendant filed a request for admissions, which the plaintiff failed to answer timely. The defendant moved for summary judgment based on the deeme…
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COWART, Judge.
Appellee, defendant below, filed a request for admissions. Appellant failed to timely answer and appellee moved for summary judgment. Thereafter, without making any motion to permit withdrawal or amendment of the admissions resulting from the failure to timely answer the request, appellant filed a tardy answer and an affidavit opposing the motion for summary judgment. The affidavit conflicted with the admissions. At the hearing on the motion for summary judgment appellant argued, and on appeal again argues, that the trial court should disregard the admissions and appellant’s failure to move for relief, consider the late answer and the conflicting affidavit and deny the summary judgment. The trial court relied on the admissions and entered summary judgment. We affirm.
Florida Rule of Civil Procedure 1.370 is clear. Unless a timely answer or objection is filed, the requested matter is conclusively admitted and established and remains so unless and until “the court on motion permits withdrawal or amendment” or otherwise grants relief from the effect of the failure to answer. The rule provides a liberal standard for the trial court to grant relief by permitting withdrawal or amendment and this court has liberally construed that provision. See Melody Tours, Inc. v. Granville Market Newsletter, Inc., 413 So. 2d 450 (Fla. 5th DCA 1982). However, a motion must be made for relief from the admissions automatically resulting from a failure to timely answer a request for admissions. In this regard a trial judge cannot err until he rules on a proper motion for relief. No motion, no relief, no error. AFFIRMED.
COBB, J., and JOHNSON, CLARENCE T., Jr., Associate Judge, concur.
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Mort Sher v. Liberty Mut. Ins. Co., 557 So. 2d 638 (Fla. 3d DCA 1990)…Corp., 510 So. 2d 965 (Fla. 4th DCA 1987); Melody Tours, Inc. v. Granville Market Letter, Inc., 413 So. 2d 450 (Fla. 5th DCA 1982); Love v. Allis-Chalmers Corp., 362 So. 2d 1037 (Fla. 4th DCA 1978); Fla.R.Civ.P. 1.370(b); but see Morgan v. Thomson, 427 So. 2d 1134 (Fla. 5th DCA 1983) (relief from effect of admissions may not be granted unless party files a proper motion for relief). Trial courts are required to look beyond the pleadings, to determine the propriety of entering summary judgment. Love; DeAtley…
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Wood v. Fortune Ins. Co., 453 So. 2d 451 (Fla. 4th DCA 1984)…GLICKSTEIN, Judge. This is an appeal by an insured from an order vacating a final summary judgment previously entered in her favor and against her insurer. We affirm. There is a parallel between this case and Morgan v. Thomson, 427 So. 2d 1134 (Fla. 5th DCA 1983), in that appellee here failed to respond to appellant’s request for admissions, also failed to move for leave to file responses belatedly pursuant to Florida Rules of Civil Procedure 1.370 and suffered the entry of an adverse sum…
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Ruiz v. DE Varona, 785 So. 2d 508 (Fla. 3d DCA 2000)…ssion for any other purpose nor may it be used against that party in any other proceeding. Absent a motion to withdraw or amend such technical admissions, our sister courts have ruled that summary judgment may be appropriate. See Morgan v. Thomson, 427 So. 2d 1134, 1135 (Fla. 5th DCA 1983)(“No motion, no relief, no error.”); see also In re Forfeiture of 1982 Ford Mustang, Vehicle ID No. ABP16F6CF190433, 725 So. 2d 382 (Fla. 2nd DCA 1998)(concluding that in compliance with Rule 1.370 a motion must be made befo…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Melody Tours, Inc. v. Granville Mkt. Letter, Inc., 413 So. 2d 450 (Fla. 5th DCA 1982)