Opinion
No. 99-815.
Opinion filed November 17, 1999.
An appeal from the Circuit Court for Dade County, Margarita Esquiroz, Judge, L.T. No. 96-21698.
Anthony Meehan Genova, for appellant.
Emilio C. Caballero, for appellees.
Before NESBITT, FLETCHER, and SORONDO, JJ.
The appellant, a general contractor, brought this action against the homeowners, a father and daughter. The trial court entered summary judgment for the homeowners. At the time of entry of the summary judgment, the contractor had never responded to the homeowners' request for admissions and had never sought relief from the admissions automatically resulting from his failure to timely answer the request. See Fla.R.Civ. P. 1.370(b); see also Morgan v. Thomson, 427 So.2d 1134 (Fla. 5th DCA 1983).
Accordingly, the order under review is affirmed.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.