Background
Piero Salussolia, P.A., sued Gianni Nunnari in 2014 over a contract executed in 2011. After Salussolia failed to respond timely to requests for admission served in 2023, the requested matters were deemed admitted. The admissions addressed facts central to liability, including Salussolia’s nonperformance and the issuance of disputed payments.
After Nunnari moved for summary judgment, Salussolia sought in 2025 to withdraw the admissions and filed a verified response contradicting them. The circuit court denied withdrawal and entered summary judgment for Nunnari. Nunnari cross-appealed because a later final judgment dismissing the case with prejudice did not reflect the previously granted summary judgment in his favor on his counterclaim.
The Court’s Holding
The Third District affirmed the denial of Salussolia’s motion to withdraw the technical admissions and the resulting summary judgment. Although Florida law favors resolving genuinely disputed claims on their merits, the record contained no admissible evidence establishing a factual dispute. Salussolia’s verified response cited no record evidence, and counsel’s assertion that its allegations were true to the best of his “knowledge and belief” was not competent summary-judgment evidence based on personal knowledge.
The court also emphasized the case’s lengthy history, the lack of diligent prosecution, and the timing of the withdrawal request—made years after the admissions arose and only after summary judgment had been sought. On the cross-appeal, the court reversed in part and remanded for an amended final judgment accurately reflecting that final summary judgment had been granted to Nunnari on his counterclaim.
Key Takeaways
- A trial court may refuse to permit withdrawal of technical admissions when the record contains no admissible evidence contradicting them and the delayed request prejudices the opposing party.
- A verification based only on counsel’s “knowledge and belief” does not supply competent evidence sufficient to establish a genuine dispute of material fact.
- A final judgment must accurately reflect an earlier ruling granting final summary judgment on a counterclaim.
Why It Matters
The decision marks the limit of Florida’s preference for adjudication on the merits. Technical admissions ordinarily should not decide a case when pleadings and evidence reveal a genuine factual dispute, but a party seeking withdrawal must identify admissible evidence supporting that dispute and act before prolonged delay prejudices its opponent.
The ruling also underscores the need to ensure that a final judgment precisely records the disposition of all claims and counterclaims.