Legal Opinion

Wells Fargo Bank, N.A. v. Shelton

District Court of Appeal of Florida

Decided July 7, 2017No. Case 5D15-3283Published

1Opinion of the CourtCohen, C.J.

This appeal stems from the trial court’s reluctance to grant relief from technical admissions due to counsel’s lack of diligence in pursuing relief. The attorney for Wells Fargo Bank, N.A. (“Wells Fargo”) failed to timely respond to the Sheltons’ request for admissions. 1 The allegations were then deemed admitted, resulting in the entry ofisummary judgment in favor of the Sheltons based on the technical admissions. However, because the pleadings and other record evidence contradicted those admissions and the Sheltons did not demonstrate prejudice, we reverse and-remand for further proceedings.

2Cases cited7 opinions

  1. Melody Tours, Inc. v. GRANVILLE MKT. LETTERDistrict Court of Appeal of Florida · 1982
  2. Pennymac Corp. v. LabeauDistrict Court of Appeal of Florida · 2015
  3. Al Hendrickson Toyota, Inc. v. YampolskyDistrict Court of Appeal of Florida · 1997
  4. Wells Fargo Bank, National Ass'n v. VoorheesDistrict Court of Appeal of Florida · 2016
  5. AMCI v. City of TamaracDistrict Court of Appeal of Florida · 2005

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