WELLS FARGO BANK, N.A., ETC., APPELLANT,
v.
MELISSA M. DONALDSON, APPELLEE
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The court held that a party is not precluded from relief from technical admissions made by failing to timely respond to requests for admissions if the record contains evidence contradicting those admissions.
[1] A party's technical admissions resulting from a failure to timely respond to a request for admissions may be denied when the record contains evidence contradicting those…
[2] A verified complaint and its attachments can create disputed issues of fact that contradict admissions deemed established by a failure to timely respond to requests for a…
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Join FLexlaw to unlock all legal intelligenceWells Fargo filed a mortgage foreclosure suit, attaching a note endorsed in blank. The defendant requested admissions regarding Wells Fargo's ownershi…
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Wells Fargo Bank, N.A. etc. appeals from a final judgment of involuntary dismissal following a non-jury trial. We reverse the order of dismissal because the record supports the denial of Wells Fargo’s technical admissions in the underlying mortgage foreclosure suit filed against ap-pellee Melissa M. Donaldson.
Wells Fargo filed suit on September 12, 2012. Wells Fargo alleged in its verified complaint that it was the holder of the note and mortgage, and it was entitled to enforce them. At paragraph.,4 of the complaint, Wells Fargo referenced an assignment of the subject note and mortgage recorded on March 9, 2010.
Wells Fargo attached a copy of an adjustable rate note to the complaint, which contains a blank endorsement.1 Wells Fargo also attached a copy of the mortgage. Donaldson filed her first request for admissions on May 22, 2013. She requested Wells Fargo admit that it was not the holder of the original mortgage note; it was not the owner of the original note; the original lender had not transferred possession of the original note or any rights to Wells Fargo; no assignment of the mortgage to Wells Fargo occurred before the foreclosure action was filed; and that Wells Fargo was not in possession of the original note.
Donaldson answered and raised affirmative defenses. Its defenses included that Wells Fargo had no standing to sue; was not the lawful assignee of the note and mortgage; could not produce the original note and mortgage; was not the holder or owner of the note and mortgage; and was not in possession of the note and mortgage.
In its reply to Donaldson’s answer and affirmative defenses, Wells Fargo denied Donaldson’s allegations. Wells Fargo alleged that it was in possession of the original note endorsed in blank. Wells Fargo also alleged that it was not required to produce a written or recorded assignment to maintain its foreclosure suit. Wells Fargo nonetheless attached an assignment of mortgage to its reply.
*42Wells Fargo moved for summary judgment, which the trial court denied. The trial court subsequently involuntary dismissed the cause at trial. This, we conclude, constitutes error where the record contains evidence that contradicts Wells Fargo’s technical admissions.
This Court’s standard of review of the trial court’s factual determinations is abuse of discretion, and the test for reasonableness-is as follows:
If reasonable men could differ as to the propriety of the action taken by the trial court, then the action is not unreasonable and there can be no finding of an abuse of discretion. The discretionary ruling of the trial judge should be disturbed only when his decision fails to satisfy this test of reasonableness.
Canakaris v. Canakaris, 382 So.2d 1197, 1203 (Fla.1980). The trial court’s ruling has a presumption of correctness and the burden is upon the appellant to demonstrate reversible error. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979).
There is no dispute that Wells Fargo failed to timely respond to Donaldson’s request for admissions. Florida Rule of Civil Procedure 1.370 provides, in relevant part:
(a) Request for Admission ... The matter is admitted unless the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter within 30 days after service of the request.
(b) Effect of Admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission.
Wells Fargo’s failure to do so, however, does not preclude its entitlement to relief from the effect of its technical admissions.
We held in Sher v. Liberty Mutual Insurance Company, 557 So.2d 638, 639 (Fla. 3d DCA 1990), that disputed issues of fact precluded the entry of summary judgment since the record was replete with evidence that contradicted the admissions created by a failure to timely respond. Similarly, in Ruiz v. De Varona, 785 So.2d 508, 509 (Fla. 3d DCA 2000), this Court noted that “dismissal based solely on the failure to timely answer a request for admissions would be inappropriate when the pleadings make clear the opposing party’s position and the existence of disputed facts”.
Here, like in Sher and Ruiz, the record supports the denial of Wells Fargo’s technical admissions. The allegations contained in the verified complaint contradicted the technical admissions. Wells Fargo alleged that it owned the note and that it had the right to foreclose. Furthermore, the attachments to the complaint contradicted the technical admissions. Wells Fargo attached a copy of the note to the verified complaint, which was endorsed in blank.2 Additionally, Wells Fargo denied its technical admissions in its reply to Donaldson’s answer and affirmative defenses.
Accordingly, we reverse the order of dismissal and remand the cause for further proceedings.
Reversed and remanded.
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Pennymac Corp. v. Labeau, 180 So. 3d 1216 (Fla. 3d DCA 2015)…30-day timeframe under Rule 1.370(a) and, as PennyMac concedes, JPMorgan’s. response was untimely. However, this untimeliness does not necessarily preclude relief from the effect of its technical admissions. See Wells Fargo Bank, N.A. v. Donaldson, 165 So. 3d 40 (Fla. 3d DCA 2015)(reversing order of involuntary .dismissal where the record contained evidence that contradicted Wells Fargo’s technical admissions, which had nqt been timely answered). .Here, as in Donaldson, the allegations contained in the comp…
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Wells Fargo Bank v. Voorhees, 194 So. 3d 448 (Fla. 2d DCA 2016)…retion when the record contains evidence that contradicts the admissions and the opposing party has not shown it would be prejudiced by the withdrawal of the admissions. See PennyMac Corp., 180 So. 3d at 1219-20; Wells Fargo Bank, N.A. v. Donaldson, 165 So. 3d 40, 42 (Fla. 3d DCA 2015); Thomas v. Chase Manhattan Bank, 875 So. 2d 758, 760 (Fla. 4th DCA 2004); Love v. Allis-Chalmers Corp., 362 So. 2d 1037, 1038-39 (Fla. 4th DCA 1978). Here the admissions indicating that Wells Fargo lacked standing are contrar…
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U.S. Bank Tr., N.A. v. LUC P. Petre (Fla. 4th DCA 2020)…a. 3d DCA 2015) (“[T]he allegations contained in the complaint, together with the attachments to the complaint, contradict the technical admissions and provide ample evidence that [mortgagee] had standing.”); Wells Fargo Bank, N.A. v. Donaldson, 165 So. 3d 40, 42 (Fla. 3d DCA 2015) (mortgagee’s failure to timely respond to mortgagor’s request for admissions on standing did not support involuntary dismissal of mortgagee’s foreclosure action where the allegations contained in the verified complaint and…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Mort Sher v. Liberty Mut. Ins. Co., 557 So. 2d 638 (Fla. 3d DCA 1990)
- Ruiz v. DE Varona, 785 So. 2d 508 (Fla. 3d DCA 2000)