From Casetext: Smarter Legal Research

Habib v. Maison Du Vin Francais, Inc.

District Court of Appeal of Florida, Fourth District
Jul 27, 1988
528 So. 2d 553 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1021.

July 27, 1988.

Appeal from the Circuit Court for Palm Beach County; Walter N. Colbath, Jr., Judge.

Douglas D. Stratton, Miami Beach, for appellant.

Keith W. Meisel of Timothy H. Kenney, P.A., Palm Beach, for appellee.


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.


Summaries of

Habib v. Maison Du Vin Francais, Inc.

District Court of Appeal of Florida, Fourth District
Jul 27, 1988
528 So. 2d 553 (Fla. Dist. Ct. App. 1988)
Case details for

Habib v. Maison Du Vin Francais, Inc.

Case Details

Full title:TONY HABIB, APPELLANT, v. MAISON DU VIN FRANCAIS, INC., APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 27, 1988

Citations

528 So. 2d 553 (Fla. Dist. Ct. App. 1988)

Citing Cases

Ramos v. Growing Together, Inc.

See Melody Tours, Inc. v. Granville Mkt. Letter, Inc., 413 So.2d 450, 451 (Fla. 5th DCA 1982). See also Habib…

Mahmoud v. King

" 362 So.2d at 1039; see also Habib v. Maison Du Vin Francais, Inc., 528 So.2d 553, 553 (Fla. 4th DCA 1988)…