Barnett Restaurant Supply, Inc. v. Vance

George Rose Smith, Justice.

The only question on this appeal is whether the trial court was right in denying the plaintiff’s motion to strike the defendant Vance’s responses to the plaintiff’s requests for admissions because the responses were not served and filed within the 30 days allowed by A.R.Civ.P. Rule 36. We find that the trial court was in error.

Barnett Restaurant Supply brought this action against Vance and others upon a $1,894.94 open account. Vance filed an answer denying all allegations in the complaint. On August 17, 1981, the plaintiff filed requests for admissions, the only…