MORGAN v. THOMSON

No. 82-512.

427 So.2d 1134 (1983)

Caroline MORGAN, Appellant, v. Lillian C. THOMSON, Appellee.

District Court of Appeal of Florida, Fifth District.

March 16, 1983.


Attorney(s) appearing for the Case

Richard E. Gentry, St. Augustine, for appellant.

John D. Bailey, Jr., of Upchurch, Bailey & Upchurch, P.A., St. Augustine, for appellee.


COWART, Judge.

Appellee, defendant below, filed a request for admissions. Appellant failed to timely answer and appellee moved for summary judgment. Thereafter, without making any motion to permit withdrawal or amendment of the admissions resulting from the failure to timely answer the request, appellant filed a tardy answer and an affidavit opposing the motion for summary judgment. The affidavit conflicted with the admissions. At the hearing on the motion for summary...

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