22 Fla. L. Weekly Supp. 1015e
Online Reference: FLWSUPP 2209WINDInsurance — Discovery — Requests for admission — Belated answers — Trial court did not abuse discretion in refusing to permit insurer to file belated answers to requests for admissions and in entering summary judgment for medical provider where insurer did not move for relief from technical admissions and leave to file belated answers until after hearing on provider’s motion for summary judgment
WINDHAVEN INSURANCE COMPANY, Appellant, vs. ADVANCE CHIROPRACTIC & MEDICAL CENTER CORP., a/a/o Sheila Merezil, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. CACE-13-025474 (AP). L.T. Case No. COCE-13-003441 (51). February 20, 2015. Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County, Martin R. Dishowitz, Judge. Counsel: Caryn L. Bellus, Kubicki Draper, P.A., Miami, for Appellant. Robert J. Hauser, Pankauski Law Firm PLLC, West Palm Beach, for Appellee.
OPINION
(GARCIA-WOOD, Judge.) “While decisions on the merits are preferred, there is a point at which the opposing party is prejudiced by a tardy request for relief from admissions.” Asset Mgmt. Consultants of Virginia, Inc. v. City of Tamarac, 913 So. 2d 1179 (Fla. 4th DCA 2005) [30 Fla. L. Weekly D2415a]. In Asset Mgmt., the Court held that summary judgment was proper on technical admissions where the defendant’s “lack of diligence in not moving to file belated answers until after the City’s motion for summary judgment was heard,” pushed the limits of the liberal standard too far. Here, the Insurer moved for relief from technical admission and did not set the motion for hearing thereby never receiving from the trial court leave to file belated answers. The Court in Asset Mgmt. found that the insurance company that moved for summary judgment was prejudiced because of the length of time that it had relied on the admissions.
The Insurer quotes to UAIC v. Florida Wellness & Rehab., a/a/o Maria Pons, 17 Fla. L. Weekly Supp. 1012a (17th Circuit 2010) as saying:
The use of admissions obtained through technicality should not form the basis to preclude adjudication of a legitimate claim. [ Ramos v. Growing Together, Inc., 672 So. 2d 103 (Fla. 4th DCA 1996) [21 Fla. L. Weekly D991b]]. The Court in Sterling also held that, “while it is normally within the discretion of the trial court as to whether to grant relief. . ., we hold that the trial court should not have used the technically deemed admission to support a final summary judgment. Sterling v. City of West Palm Beach, 595 So. 2d 284 (Fla. 4th DCA 1992).
However, Pons is clearly distinguishable from the instant case. As in Asset Mgmt., the Appellant failed to file belated answers to the request for admissions until after Appellee’s motion for summary judgment was heard. Asset Mgmt.
Accordingly, the Court finds that the trial court’s final judgment is AFFIRMED. Further, the Appellee’s motion for attorney’s fees is hereby GRANTED in an amount to be determined by the trial court upon REMAND. (RODRIGUEZ and PERLMAN, JJ., concur.)
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