Heath v. Engle

¶ 1 This matter stands submitted under Rule 1.36, Rules of the Supreme Court, 12 O.S. ch. 15, App. The appellant, the defendant below, appeals the trial court’s grant of summary judgment to plaintiff and the denial of defendant’s application to file responses to plaintiffs request for admissions out of time.1 The issue is whether the trial court erred in allowing unanswered requests for admission to serve as the basis for granting summary judgment to plaintiff. A recent opinion of this Court, Ross v. Pace, 2004 OK 13, 87 P.3d 593, upheld a trial court’s refusal to vacate summary judgment…