Piero Salussolia, P.A. v. Gianni Nunnari, et al.

The Third District affirmed the denial of a motion to withdraw technical admissions and the resulting summary judgment, distinguishing its long line of cases holding that judgment cannot rest solely on technical admissions where the record shows disputed issues of fact. Here the record contained no admissible evidence contradicting the admissions — a verified filing made only "to the best of [counsel's] knowledge and belief" is not admissible evidence creating a triable issue — and the withdrawal request came a decade into the case and only after summary judgment was sought. The court reversed in part on cross-appeal so the trial court can enter an amended final judgment reflecting summary judgment for Nunnari on his counterclaim.

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