25 Fla. L. Weekly Supp. 362b
Online Reference: FLWSUPP 2504SOMW
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procedure — Discovery — Admissions — Plaintiff’s motion for relief from
technical admissions is denied where plaintiff has failed to comply with
discovery rules in number of instances
procedure — Discovery — Admissions — Plaintiff’s motion for relief from
technical admissions is denied where plaintiff has failed to comply with
discovery rules in number of instances
MIDLAND
FUNDING LLC, Plaintiff, vs. MICHAEL SOMWARU, Defendant. County Court, 6th
Judicial Circuit in and for Pasco County. Case No. 51-2016-SC000025-SCAXES.
June 28, 2016. Candy VanDercar, Judge. Counsel: Stuart Jay Levine, Walters
Levine & Lozano, Tampa, for Plaintiff. Arthur D. Rubin, We Protect
Consumers, P.A., Tampa, for Defendant.
FUNDING LLC, Plaintiff, vs. MICHAEL SOMWARU, Defendant. County Court, 6th
Judicial Circuit in and for Pasco County. Case No. 51-2016-SC000025-SCAXES.
June 28, 2016. Candy VanDercar, Judge. Counsel: Stuart Jay Levine, Walters
Levine & Lozano, Tampa, for Plaintiff. Arthur D. Rubin, We Protect
Consumers, P.A., Tampa, for Defendant.
ORDER DENYING PLAINTIFF’S MOTION FOR
RELIEF FROM
TECHNICAL ADMISSIONS
TECHNICAL ADMISSIONS
THIS
CAUSE came before this Honorable Court on a trial at which a hearing was held
on Plaintiff’s Motion for Relief from Technical Admissions and the Court having
heard argument from counsel for both Plaintiff and Defendant and being otherwise
fully informed in the premises,
CAUSE came before this Honorable Court on a trial at which a hearing was held
on Plaintiff’s Motion for Relief from Technical Admissions and the Court having
heard argument from counsel for both Plaintiff and Defendant and being otherwise
fully informed in the premises,
IT
IS THEREUPON ORDERED AND ADJUDGED THAT:
IS THEREUPON ORDERED AND ADJUDGED THAT:
1.
The Court finds that there have been a number of instances in which Plaintiff
has failed to comply with rules governing discovery and that Plaintiff needs to
either comply with those rules or not file lawsuits.
The Court finds that there have been a number of instances in which Plaintiff
has failed to comply with rules governing discovery and that Plaintiff needs to
either comply with those rules or not file lawsuits.
2.
Accordingly, Plaintiff’s Motion is hereby DENIED and the items in Defendant’s
First Request for Admissions are deemed as admitted and conclusively
established.
Accordingly, Plaintiff’s Motion is hereby DENIED and the items in Defendant’s
First Request for Admissions are deemed as admitted and conclusively
established.
3.
Following the determination to deny Defendant’s Motion for Relief from
Technical Admissions, counsel for the Defendant made an oral motion for summary
disposition. That oral motion is denied without prejudice and may be filed in
writing.
Following the determination to deny Defendant’s Motion for Relief from
Technical Admissions, counsel for the Defendant made an oral motion for summary
disposition. That oral motion is denied without prejudice and may be filed in
writing.