MAHMOUD v. KING

No. 4D01-1191.

824 So.2d 248 (2002)

Mahmoud S. MAHMOUD and Mizhar Mahmoud, Appellants, v. Henry Clay KING and Mattie King, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 9, 2002.


Attorney(s) appearing for the Case

Richard A. Kupfer of Richard A. Kupfer, P.A., West Palm Beach, for appellants.

Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, and Scott L. Poisson of Bernstein and Maryanoff, Miami, for appellee Henry Clay King.


FARMER, J.

We reverse a summary judgment and in the process also reverse a determination holding that certain requests for admissions, as to which no response was said to have been served, establish the matters encompassed thereby. We conclude that "the presentation of the merits of the action will be subserved by" relieving defendants of the technical admissions, and that plaintiffs have "fail[ed] to satisfy the court that withdrawal or amendment will prejudice ...

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