Just about a month ago the Third District Court of Appeal came out with
an opinion that stood for the premise that where a Bank failed to respond
to Requests for Admission propounded by a Defendant, they should not be
Puzzling isn’t even the word. The fact is that Florida Rule of Civil
Procedure Provides the following language:
(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.
See Wells Fargo Bank, N.A. v. Donaldson, No. 3D14-1730, 2015 WL 2089099, at *2 (Fla. 3d DCA 2015).
The fact is that the court found that a “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.”
See again Donaldson, (Fla. 3d DCA 2015).
At first blush the opinion would be disheartening. The opinion might even
lead one to scream “injustice!” from the rooftops, since it
would appear that the principles of rule and law have taken a back seat
to what some would assign to merely a pro-Bank agenda. However, that is
NOT a proper assessment. One thing for sure, the opinion challenges the
very bed rock of civil practice in the State, the Florida Rules of Civil
Procedure and decade’s worth of case-law. At Loan Lawyer though
we don’t examine cases for how they destroy our clients, because
well quite frankly every case lately can do that, rather we dissect cases
to see how we can use a bad opinion in a strategically good way. What’s
good for goose must be good for the gander as well.
Donaldson in my opinion provides my clients, or those considering retaining Loan
Lawyers in the future, a way to recover where procedurally they had a
few hiccups. Where a solid pleading has made clear that the allegations
are denied, it is my opinion that no matter which side of the “v”
you find yourself, your case is still viable, and you still can continue
to fight for your rights in a debt action.
appointment today so we can discuss.