Habib v. Maison Du Vin Francais, Inc.

GUNTHER, Judge.

In the instant case, the trial court abused its discretion in entering summary final judgment based upon the deemed admissions which resulted from appellant’s failure to respond to the request for admissions. As in Love v. Allis-Chalmers Corp., 362 So.2d 1037 (Fla. 4th DCA), appeal dismissed, 366 So.2d 879 (Fla.1978), the instant record contains evidence contrary to the technical admissions arising out of the unanswered requests for admissions. Furthermore, appellee failed to present evidence to establish that appellee would be prejudiced by permitting appellant to file the…