JOHNNY BELL IRVING, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Pandol Bros., Inc. v. NCNB Nat'l Bank OF Fla., 450 So. 2d 592 (Fla. 4th DCA 1984)
  …n order denying that relief to Pandol Brothers. Request number 8 was not objectionable as asking for a conclusion of law, but would more appropriately be characterized as requiring “an application of law to fact,” permissible under Salazar v. Valle, 360 So. 2d 132, 134 (Fla. 3d DCA 1978). Recognizing that, in the absence of an abuse of discretion, an order of the trial court determining whether there has been failure to comply with procedural rules should be affirmed, Farish v. Lum’s, Inc., 267 So. 2d 325 (F…
• Shaw v. State, 616 So. 2d 1094 (Fla. 4th DCA 1993)
  …and rule 1.370 (requests for admission) merits discussion. Defendants acknowledge that what they were requesting the state to admit was the central issue in this case, and that it was an issue of fact. Defendants rely primarily on Salazar v. Valle, 360 So. 2d 132 (Fla.3d DCA 1978), in which the plaintiff submitted a request for admission of all the allegations of negligence contained in the complaint. The trial court held that this type of request was improper and objectionable. The third district reversed,…
• Davis v. Dollar Rent A CAR Sys., Inc., 909 So. 2d 297 (Fla. 5th DCA 2004)
  …uments described in the request.” Fla. R. Civ. P. 1.370(a). Prior to its 1972 amendment, this rule “provided that a party could serve a written request for ‘... the truth of any relevant matters of fact set forth in the request.’ ” Salazar v. Valle, 360 So. 2d 132, 134 (Fla. 3d DCA 1978). The case law that interpreted the earlier version of the rule held that only requests directed to factual issues that did not lie at the heart of the case were appropriate and that requests seeking admissions relating to con…

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