OLD EQUITY LIFE INSURANCE COMPANY, AN INSURANCE CORPORATION, APPELLANT,
v.
ROBERT LEE SUGGS, APPELLEE

Fla. 2d DCA | 1972-06-14
No. 71-722
LILES and McNULTY, JJ., concur.
263 So. 2d 280 Florida District Court of Appeal, Second District (1972) Positive Treatment
Cited by 6 cases

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Synopsis

Old Equity Life Insurance Company appeals from a summary judgment entered against it in a dispute over medical insurance benefits. The lower court granted summary judgment based on Old Equity's failure to verify its response to a Request for Admissions, but the appellate court reversed, holding that the request was objectionable as seeking a legal conclusion rather than a factual admission, and that summary judgment was improper given Old Equity's alternative verified denials.


Holding

The court reversed the summary judgment, holding that the Request for Admissions was objectionable on its face because it sought admission of a legal conclusion (liability for the full amount) rather than a factual admission, and that summary judgment should not have been entered given Old Equity's filing of sworn affidavits and a properly verified response denying the same matters. The court emphasized that discovery rules should be liberally interpreted to arrive at the truth and achieve substantial justice rather than impose technical penalties.


Headnotes

[1] A request for admission seeking an admission of legal liability or a conclusion of law is objectionable on its face and does not legally require a response.

[2] Failure to properly verify a response to a request for admissions should not be the sole basis for entering a summary judgment when other sworn denials and timely respons…

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Key Quotes

“Essentially, this was not a request for admission as to a fact, but rather a request for admission of a conclusion; the conclusion being that Old Equity was legally liable for the full amount claimed by Suggs. The Request for Admission was thus objectionable on its face and did not legally call for a response under the rules.”

Establishes that requests for admission seeking legal conclusions rather than facts are objectionable and do not require a response under the rules of civil procedure.

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Facts & Procedural History

Plaintiff Robert Lee Suggs sued Old Equity Life Insurance Company for failure to pay benefits under a medical insurance policy. During discovery, Sugg…

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Opinion of the Court
PIERCE, Chief Judge.

PIERCE, Chief Judge.

In this case Old Equity Life Insurance Company, an insurance corporation, appeals to this Court from a summary final judgment entered in favor of appellee Robert Lee Suggs, who, as plaintiff in the lower Court, sued Old Equity for alleged failure to pay benefits under a medical insurance policy.

During the pre-trial skirmishes on pleadings, plaintiff Suggs filed a “Request for Admissions” asking that Old Equity admit that it was “indebted to plaintiff” in the amount set forth in the Statement of Claim. Old Equity responded with a blanket denial of “each allegation of plaintiff’s Request' for Admission”. The response was signed by Old Equity’s counsel but not verified as required by R.C.P. 1.370, 30 F. S.A. Thereafter, despite several motions and pleadings filed by Old Equity seeking to avoid failure to verify the response to admissions, the Court entered a summary final judgment in favor of Suggs for the full amount claimed, plus interest, attorney’s fees, and Court costs. Old Equity has appealed to this Court and raises the sole question of propriety of entry of the summary final judgment upon the facts as stated. We perceive merit in Old Equity’s contention and reverse.

The request of Suggs that precipitated the entire hassle was that Old Equity admit that it was “indebted to plaintiff” in the full amount sued for, “according to the terms of the insurance policy attached to the Statement of Claim and the allegations in said Statement of Claim”. Essentially, this was not a request for admission as to a fact, but rather a request for admission of a conclusion; the conclusion being that Old Equity was legally liable for the full amount claimed by Suggs. The Request for Admission was thus objectionable on its face and did not legally call for a response under the rules. City of Miami v. Bell, Fla.App.1971, 253 So.2d 742; Graham v. Eisele, Fla.App.1971, 245 So.2d 682.

But there is another and more fundamental reason why the failure to verify the responsive denial to the Request for Admission should not have been the catalyst to entry of Summary Judgment. At the time Summary Judgment was entered, Old Equity had filed a sworn affidavit denying the same matters contained in the request, and also filed and served a timely response to the request denying the same matters, and had further filed and served a properly verified Response Nunc Pro Tunc to Suggs’ request. These were apparently ignored by the Court.

But such proceedings ran counter to the manifest purpose of the Rules of Civil Procedure and particularly the Request for Admissions which has for its purpose the efficient and methodical trial of the material issues. Here, as said by the 3rd District Court in Lums, Inc. v. Farish, Fla.App.1971, 251 So.2d 338, such action “operated more in the nature of a penalty upon the defendant than as an end to the orderly and expedient trial of the material issues”. Or as stated by the 4th District Court in Curry Ford Apartments, Inc. v. Blackton, Inc., Fla.App.1971, 249 So.2d 693:

“The rules of discovery should be liberally interpreted to comport with the spirit of their intended function which is to arrive at the truth and to accord substantial justice over mere technical contentions.”

With commendable candor, counsel for appellee Suggs has filed in this Court a “Confession of Error”, wherein he “agrees that the Summary Judgment granted him in the lower Court was in error”. By the same token, we hasten to add that the summary final judgment in the case sub judice was entered by the trial Court prior to the opinion in either Curry Ford or Lums, Inc. *282aforesaid. It follows therefore that the summary final judgment herein appealed is—

Reversed and the cause is remanded for further proceedings not inconsistent herewith.

LILES and McNULTY, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Love v. Allis-Chalmers Corp., 362 So. 2d 1037 (Fla. 4th DCA 1978)
    …his state of the record we are convinced that justice precluded the trial judge from entering summary judgment for ap-pellee and thus the entry of that order constituted an abuse of discretion. The case of Old Equity Life Insurance Company v. Suggs, 263 So. 2d 280 (Fla.2nd DCA 1972), and Pleasant Hill Bank v. United States, 60 F.R.D. 1 (W.D.Mo.1973), are good explications of the spirit of the rule involved here and support our conclusion. We have no difficulty in distinguishing Farish v. Lum’s, Inc., 267 So.…
  • Davison v. First Fed. Sav. & Loan Ass'n of Orlando, 413 So. 2d 1258 (Fla. 5th DCA 1982)
    …both appellants so we must reverse the final judgment, the partial summary judgments and remand this matter for a new trial after Davison is permitted to amend his answer to the Request for Admissions. In Old Equity Life Insurance Company v. Suggs, 263 So. 2d 280 (Fla. 2d DCA 1972), quoting Curry Ford Apartments, Inc. v. Blackton, Inc., 249 So. 2d 693 (Fla. 4th DCA 1971), it was said: The Rules of discovery should be liberally interpreted to comport with the spirit of their intended function which is to arr…
  • Davis v. Dollar Rent A CAR Sys., Inc., 909 So. 2d 297 (Fla. 5th DCA 2004)
    …cted to factual issues that did not lie at the heart of the case were appropriate and that requests seeking admissions relating to conclusions of law were similarly inappropriate and did not require a response. See Old Equity Life Ins. Co. v. Suggs, 263 So. 2d 280, 281 (Fla. 2d DCA 1972) (“Essentially, this was not a request for admission as to a fact, but rather a request for admission of a conclusion; the conclusion being that Old Equity was legally liable for the full amount claimed by Suggs. The Request f…

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