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.
Key facts
- Piero Salussolia, P.A. sued Gianni Nunnari in October 2014 on a fee/contract dispute arising from an agreement executed in February 2011; the case languished for nearly a decade before requests for admission were served in 2023.
- Salussolia failed to timely respond to the requests for admission, and the matters were deemed technically admitted — including admissions of non-performance and issuance of the disputed payments, facts directly relevant to contract liability.
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Holdings
- Although Florida Rule of Civil Procedure 1.370(b)(2) is liberally applied to favor merits determinations, a trial court does not abuse its discretion in denying withdrawal of technical…
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Why it matters
This opinion draws an important practical line through the Third District's technical-admissions case law. Practitioners have long relied on Ruiz, Sher, and Donaldson for the proposition that a case cannot be resolved… — full analysis with a trial
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