Legal Opinion

Gertrude Brooks v. The Landmark Nursing Center, Inc.

Court of Appeals of Mississippi

Decided March 14, 2017No. 2016-CA-00487-COAPublished

1Opinion of the Court

WILSON, J.,

FOR THE COURT:

¶ 1. Gertrude Brooks failed to respond to requests for admissions served by the defendant, The Landmark Nursing Center Inc. (Landmark), within the time allowed by Mississippi Rule of Civil Procedure 36(a). Thus, pursuant to Rule 36(a), Landmark’s requests were deemed admitted. Even after Landmark filed a motion for summary judgment based on her deemed admissions, Brooks waited another four months to file a motion to withdraw the admissions pursuant to Rule 36(b), and Brooks never actually responded to the requests.' The Prentiss County Circuit Court declined to excuse…

2Cases cited15 opinions

  1. Carney v. Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 2001
  2. Educational Placement Services v. WilsonMississippi Supreme Court · 1986
  3. Earwood v. ReevesMississippi Supreme Court · 2001
  4. Adams v. Board of Sup'rsMississippi Supreme Court · 1936
  5. DeBlanc v. StancilMississippi Supreme Court · 2002

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