Shlomo Chelminsky and Beach King, LLC v. Branch Banking & Trust Company (BB&T), Beach Club Master Association, Inc., Beach Club Three of Hallandale Condominium Association, Inc.

At the end of a mortgage foreclosure trial, the trial judge declined to enforce an earlier judge’s order that the defendant’s requests for admission be deemed admitted. The earlier judge had twice refused to rescind this ruling. Because of the late timing of the trial judge’s decision, we reverse the final judgment and remand for a new trial.

Early on, the homeowner filed requests for admission pursuant to Florida Rule of Civil Procedure 1.370. The requests asked the bank to admit facts crucial to its case; among .other things, the requests asked the bank to admit that it was not the holder…