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THOMAS v. CHASE MANHATTAN BANK

Nos. 4D03-3324, 4D04-814.

875 So.2d 758 (2004)

Benjamin P. THOMAS and Alison Thomas, Appellants, v. The CHASE MANHATTAN BANK, as Trustee of IMC Home Equity Loan Trust 1997-7 Under the Pooling and Servicing Agreement Dated as of November 1, 1997; Conseco Finance Servicing Corporation f/k/a Green Tree Financial Servicing Corporation; and Wells Fargo Financial Bank, Appellees.

District Court of Appeal of Florida, Fourth District.

June 16, 2004.

Attorney(s) appearing for the Case

James A. Bonfiglio, Boynton Beach, for appellants.

Deborah Caventer and Mark Broderick of Echevarria & Associates, P.A., Tampa, for appellee The Chase Manhattan Bank, etc.

STEVENSON, J.

In this mortgage foreclosure action, we have for review an order striking the defendants' pleadings and granting summary judgment for the plaintiff based on the defendants' untimely response to a request for admissions. We reverse.

Six months after receiving plaintiff, The Chase Manhattan Bank's, request for admissions, defendants, Benjamin and Alison Thomas, filed their response. Despite the fact that the response had long been overdue, Chase...

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