West v. West

COWART, Judge.

This case involves an untimely response to a request for admissions.

Appellant Merle West filed a request for admissions. Appellee did not file a timely response but, without first obtaining judicial approval, did file a belated response. On the eve of trial the effect of the belated response was discussed by counsel and the trial court. Appellee’s counsel took the position that no default had been taken upon the tardiness of the response, that appellant had not been prejudiced, that the matter was procedural and not jurisdictional, and that the matter of the untimely response…