Southland Amusements & Vending, Inc. v. Rourk

HUNTER, Judge.

J.M. Rourk d/b/a Mike’s Windjammer (“defendant”) appeals the trial court’s judgments denying defendant’s request to withdraw his deemed admissions; finding, as a result of those admissions, that there are no genuine issues of material fact so that summary judgment was proper as a matter of law, and; granting Southland Amusements and Vending, Inc. (“plaintiff”) an attorney’s fee. We hold the trial court judgment as to the deemed admissions and summary judgment are proper; however, we find the trial court’s award of an attorney’s fee to be in excess of the allowable statutory…