Pennymac Corp. v. Labeau

Appellant PennyMac Corp. appeals the trial court’s order involuntarily dismissing PennyMac’s foreclosure action. We reverse. The trial court’s entry of an involuntary dismissal was erroneous, precipitated by its erroneous denial of PennyMac’s request to be relieved from technical admissions in the absence.of a showing by appellees, Carlos A. Labeau and Jennifer Passariello, that such relief would prejudice them in defending the action on the merits.

FACTS

Labeau and Passariello executed a promissory note on October 2, 2007 in favor of JPMorgan Chase Bank. On that same date, Labeau and…