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HABIB v. MAISON DU VIN FRANCAIS, INC.

No. 87-1021.

528 So.2d 553 (1988)

Tony HABIB, Appellant, v. MAISON DU VIN FRANCAIS, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

July 27, 1988.

Attorney(s) appearing for the Case

Douglas D. Stratton, Miami Beach, for appellant.

Keith W. Meisel of Timothy H. Kenney, P.A., Palm Beach, for appellee.

GUNTHER, Judge.

In the instant case, the trial court abused its discretion in entering summary final judgment based upon the deemed admissions which resulted from appellant's failure to respond to the request for admissions. As in Love v. Allis-Chalmers Corp., 362 So.2d 1037 (Fla. 4th DCA), appeal dismissed, 366 So.2d 879 (Fla. 1978), the instant record contains evidence contrary to the technical admissions arising...

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