FAILURE TO RESPOND TO REQUEST FOR ADMISSIONS

Plaintiff has failed to timely respond to the Request for Admissions. This does not always preclude the plaintiff from relief. It has been recognized that it is “reversible error to involuntarily dismiss an action or grant summary judgment based solely on the failure to timely respond to a request for admissions where the pleadings and/or the record evidence contradicts the technical admissions and no prejudice has been demonstrated.” See HSBC Bank USA, etc. v. Fulbio S. Parodi, 41 Fla. L. Weekly D1093a (Fla. 3d DCA May 4, 2016). For instance, in HSBC Bank USA, the Third District held that “the trial court erred by involuntarily dismissing HSBC’s foreclosure action based solely on its technical admissions because these technical admissions were contradicted by HSBC’s pleadings, discovery responses, and/or trial evidence; Parodi failed to argue or demonstrate prejudice; and the trial court failed to find prejudice.” As a result, the Third District reversed the final judgment involuntarily dismissing HSBC’s foreclosure action. Id.