Triangle Constr. Co. v. Foshee Constr. Co.
| Docket Number: | 2007-CA-00233-COA Linked Case(s): 2007-CA-00233-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-11-2008 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Contract - Requests for admissions - M.R.C.P. 36 - M.R.C.P. 6(e) Judge(s) Concurring: KING, C.J., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Non Participating Judge(s): LEE, P.J. Dissenting Author : IRVING, J., without separate written opinion. Procedural History: Summary Judgment Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 09-14-2006 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: SUMMARY JUDGMENT ENTERED FOR APPELLEE. Case Number: 251-05-184CIV |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | TRIANGLE CONSTRUCTION COMPANY, INC. |
ANSELM J. MCLAURIN |
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| Appellee: | FOSHEE CONSTRUCTION COMPANY, INC. | RICHARD D. MITCHELL |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Contract - Requests for admissions - M.R.C.P. 36 - M.R.C.P. 6(e) |
| Summary of the Facts: | Triangle Construction Company, Inc., the subcontractor, filed suit against Foshee Construction Company, Inc., the general contractor, alleging nonpayment for several different work projects. After several delays during which attempts were made to settle the matter before trial, Foshee propounded discovery requests to Triangle, which included a set of requests for admissions. Triangle failed to prepare responses timely to the requests for admissions. Foshee requested the trial court enter an order acknowledging Triangle’s failure to respond as an admission to the matters set forth in its request for admissions, and also requested a grant of summary judgment. Triangle responded by moving to withdraw the deemed admitted requests for admissions and also filing its answer to the requests for admissions. The court granted Foshee’s summary judgment motion and dismissed Triangle’s complaint. Triangle appeals. |
| Summary of Opinion Analysis: | A party is allowed thirty days from the date of service to answer requests for admissions under M.R.C.P. 36(a). M.R.C.P. 6(e) provides that an additional three days is afforded when the requests for admissions are served through the mail. M.R.C.P. 36(b) provides the trial court with discretion to allow withdrawal of the deemed admitted requests for admissions. Here, the trial court properly used its discretion to deny Triangle’s request to withdraw the deemed admitted requests for admissions. The court noted that Triangle had waited to file its responses to the requests for admissions and its motion to withdraw the deemed admitted requests for admissions until after Foshee had moved for summary judgment. The trial court further found that it appeared that Triangle’s late responses seemed to have been produced with the intent to circumvent the effects of summary judgment. The attorney for Triangle stated his reasons for the delay in answering the admissions, which included: ordinary conflicts for a busy attorney, the graduation of counsel’s only child, and his sole responsibility in arranging a family law seminar as chairman of the family law section. However, no response was elicited until after the motion to deem the requests for admissions admitted was filed. Thus, the court did not abuse its discretion. |
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