Cassas v. Lazan

WESSEL, JOHN D., Associate Judge.

This is an appeal from an adverse final summary judgment. We reverse because the trial court bottomed its decision on technical admissions having the effect of eliminating any genuine issue of material fact.

Appellant instituted an action for specific performance on a contract for the sale of real property. His complaint was accompanied by a Notice of Lis Pendens.

The appellees by motion sought a summary judgment and the quashing or discharging of the lis pendens. The trial court relied upon a request for admissions which were deemed admitted because answers…