Al Hendrickson Toyota, Inc. v. Yampolsky
Cases that cite this one
6 later published cases cite this decision.
- Polymer Extrusion Technology Incorporated d/b/a Glasslam v. Glasshape Manufcturing, Ltd. (Fla. Dist. Ct. App. 2023)
- Wells Fargo Bank, N.A. v. Shelton (Fla. Dist. Ct. App. 2017)
- 205 Jacksonville, LLC v. A-Affordable Air, LLC (Fla. Dist. Ct. App. 2009)
- BETHESDA MEMORIAL HOSP., INC. v. Laska (Fla. Dist. Ct. App. 2008)
- Dresdner, Md, Pa v. Charter Oak (Fla. Dist. Ct. App. 2008)
- Giron v. FAIRWAYS OF SUNRISE HOMEOWNERS'ASSOCIATION, INC. (Fla. Dist. Ct. App. 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
AL HENDRICKSON TOYOTA, INC., Appellant,
v.
Michael YAMPOLSKY, Appellee.
District Court of Appeal of Florida, Fourth District.
Julie Greenberg Shapiro of Gaebe, Murphy, Mullen & Antonelli, Coral Gables, for Appellant.
Michael Yampolsky, Coral Springs, pro se.
PER CURIAM.
The order granting summary judgment as to appellant's liability is reversed.
The order was entered based on technical admissions because appellant had failed to answer requests for admission. However, appellant filed a motion to allow late filing of responses based on excusable neglect. It attached affidavits from its counsel stating that the response date for answering had inadvertently not been calendared. The trial court denied the motion, but the established case law deems that calendaring errors are regarded as excusable neglect. See Wood v. Fortune Ins. Co., 453 So.2d 451 (Fla. 4th DCA 1984); Broward County v. Perdue, 432 So.2d 742 (Fla. 4th DCA 1983). The trial court erred in denying the motion to permit late filing of responses.
Without the technical admissions, the record has conflicting evidence as to the issue of liability. For these reasons, we reverse the order and remand for further proceedings.
WARNER, SHAHOOD and GROSS, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.