Delong v. Merrill

OPINION

ESPINOSA, Judge.

¶ 1 Defendant/counterclaimant/appellant Kathleen Merrill appeals the trial court’s denial of her request to file late responses to plaintiff/counterdefendant/appellee Thomas DeLong requests for admission. She also appeals the trial court’s summary judgment in favor of DeLong and its dismissal of two of Merrill’s counterclaims. Because we conclude the trial court abused its discretion in disallowing Merrill’s untimely responses and erred in granting summary judgment, we reverse and remand.

Factual and Procedural Background

¶ 2 In January 2009, DeLong loaned Merrill $5,143…