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WEST v. WEST

No. 82-1585.

436 So.2d 1010 (1983)

Giles A. WEST, et al., Appellants, v. Dorothy A. WEST, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 6, 1983.

Attorney(s) appearing for the Case

William Murrell, Jr. of William Murrell, Jr., P.A., Orlando, for appellants.

Adelaide E. Davis, Orlando, for appellee.

COWART, Judge.

This case involves an untimely response to a request for admissions.

Appellant Merle West filed a request for admissions. Appellee did not file a timely response but, without first obtaining judicial approval, did file a belated response. On the eve of trial the effect of the belated response was discussed by counsel and the trial court. Appellee's counsel took the position that no default had been taken upon the tardiness of the response, that...

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