Discovery: MANUS V. TERRY MAXEDON HAULING, INC. (COA; 3/31/2006)

MANUS V. TERRY MAXEDON HAULING, INC.
CIVIL PROCEDURE – Discovery (requests for admission, deemed admitted)
2004-CA-002472
PUBLISHED
AFFIRMING; GUIDUGLI
DATE:  3/31/2006

COA affirmed trial court’s granting of summary judgment in favor of plaintiff following requests for admissions that were deemed admitted for failure to answer.   COA could not identify any abuse of discretion in the circuit court’s decision not to set aside its order deeming the Requests for Admission as admitted. Maxedon Hauling served the discovery request well after the expiration of the thirty-day time period the circuit court allowed Manus to retain new counsel and there is no dispute that Manus’s president received the request.