Part II breaks down the history of the Rules of Civil Procedure and how they have been applied in Florida court system over the years. The Florida Rules of Civil Procedure Section 1.370(a), Asset Management Consultants of Virginia, Inc. v. City of Tamarac, 913 So. Without leave of court the request may be served upon the plaintiff after commencement of the action and upon any other party with or after service of the process and initial pleading upon that party. Part VII provides recommendations on how Florida can improve upon its Admissions rule. 1.370(b).) Unless the court determines that an objection is justified, it shall order that an answer be served. A judgment is passed after trial. Scope and Title of Rules; Rule 1.040 One Form of Action; Rule 1.061 Choice of Forum; Rule 1.080 Service and Filing of . 1000 USLegal has the lenders!--Apply Now--. Hearing Procedures for Non-Binding Arbitration, Rule 1.830. ), Filing # 140314329 E-Filed 12/14/2021 10:02:11 AM JUDGMENTS THEREON, RULE 1.525 MOTIONS FOR COSTS AND ATTORNEYS' FEES, RULE 1.530 MOTIONS FOR NEW TRIAL CASE NO. Suggested Citation, 6441 East Colonial DriveOrlando, FL 32807United States, Subscribe to this free journal for more curated articles on this topic, Subscribe to this fee journal for more curated articles on this topic, We use cookies to help provide and enhance our service and tailor content. R. We have notified your account executive who will contact you shortly. PALM BEACH COUNTY, FLORIDA. : 50-2020-CA-13454-MB This contradiction is evidenced initially in the fact that while both Florida and federal decisions may agree as to its purpose, there is disagreement on the basic issue of whether Rule 1.370 or Federal Rule of Civil Procedure 36 are even discovery rules. Use of Depositions in Court Proceedings, Rule 1.350. /Root 114 0 R Voluntary Binding Arbitration, Primary Authorities, Causes of Action, & Elements. MAGISTRATES 116 RULE 1.491. Specifically, this Note discusses the purposes of RFAs, Florida Rule of Civil Procedure 1.370 governing RFAs, which parties may serve and must respond to RFAs, the proper scope of RFAs, the number of RFAs a party may serve, and entitlement to . A particular problem for pro se litigants are requests for admissions because of the provision in FRCP Rule 1.370(a) that matters not timely denied are deemed admitted. CIRCUIT CIVIL DIVISION Defendants. Without leave of court the request may be served upon the plaintiffafter commencement of the action and upon any other party with or after service of the process and initial pleading upon that party. / In Florida, there is a liberal standard when it comes to discovery and the discovery process. rule 1.350 production of documents and things and entry upon and for inspection and other purposes. rule 1.380 failure to make discovery; sanctions. Letter, Inc. (1982) 413 So.2d 450, 451.) with Local Rule 26.1(e)(2)(A), which provides that, when an objection is made to any interrogatory or subpart thereof or to any document request under Federal Rule of Civil Procedure 34, the - objection shall state with specificity all grounds. DIVISION: AA NOO4$8;;s$V/ '0Kbt6s> Ww9HNy45w-PrYo The court may allow a party to withdraw an admission when the presentation of the merits of the action will be subserved by it and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining an action or defense on the merits. (Id. endstream Rule 1.160 Motions; Rule 1.190 Amended and Supplement. OF ACTION We are set for a hearing on this important issue. FIFTEENTH JUDICIAL CIRCUIT IN AND IN THE CIRCUIT COURT OF THE 15" Plaintiff, Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. This page was processed by aws-apollo-l2 in 0.078 seconds, Using these links will ensure access to this page indefinitely. 116 0 obj ROY W. SCOTT and CATHY SCOTT, DALE E. ERICKSON, Comes now the Plaintiff, MARIA PETROVITCH (Plaintiff), by and throug, Filing # 121115620 E-Filed 02/09/2021 07:46:18 PM / A motion to quash or a motion to enforce a discovery subpoena must be filed with the court in the district where compliance is required. VERDICT, RULE 1.500 DEFAULTS AND FINAL A Practice Note analyzing the key issues for counsel to consider before using requests for admission (RFAs) in Florida circuit court civil litigation. Privacy and Court Records Rule 1.030. Plaintiff, REGENCY CENTERS CORPORATION; Depositions of Expert Witnesses, Rule 1.430. JUDICIAL CIRCUIT COURT IN AND Defendant, STATE FARM FLORIDA IN. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless that party states that that party has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny. Defendants. Each matter of which an admission is requested shall be separately set forth. > > Read More.. Rules & Requirements Admissions, Answers or Objections > > Read More.. HTj@}6{Jh6PLT[!ie)}gtIe$-Aa3GZX6h|A[rV~/,7Xp&S)X d) VZ[U`,D43D%X[c>b,Foq5~WSY:jS71E])Dxdc 6+JK:[vBY+kMj8eh3dL;UU _b`q({j1WV]$M@V.+v\Mo4:]RX"_+C1)[Z ^r(Y0-[}u| P. 1.280 (c) (amended eff 10/28/21). rule 1.360 examination of persons. 2003 Amendment. SURETY ON JUDICIAL BONDS, RULE 1.650 MEDICAL MALPRACTICE Most RFAs are served immediately after the service of the process and initial pleadings are served. / The request for admission may not exceed 30 requests, including all subparts, unless the court permits a larger number on motion and notice and for good cause, or the parties propounding and responding to the requests stipulate to a larger number. Pleading Mortgage Foreclosures, Rule 1.130. P. v. Case No. CASE NO. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Inadvertent Disclosure of Privileged Materials, Rule 1.290. depositions upon oral examination or written questions; request for production of documents or things; request for permission to enter into land or other property for inspection or other purpose; and/or. RULE 1.080 SERVICE OF PLEADINGS AND The provisions of rule 1.380(a)(4) apply to the award of expenses incurred in relation to the motion. 9 1.370(a).) Any matter admitted in a response to the RFA is conclusively established. PAPERS, RULE 1.130 ATTACHING COPY OF CAUSE 1.370(a). While the authorities cited are to Federal and . The party who has requested the admissions may move to determine the sufficiency of the answers or objections. JOSEPH S. DIMAURO, derivatively and as a Persons Before Whom Depositions May Be Taken, Rule 1.310. This Note also explains how to draft each section of the requests for admission, including the instructions, definitions, requests, and signature block, and how to file and serve the requests for admission. Pro 1.370(a), the matter is admitted unless the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter within 30 days after service of the request. Thus, generally, the party that receives the RFA has 30 days to admit, deny or object to the questions presented. Click Here to read more or browse blog articles related FRCP Rule 1.370, Copyright 2020 Cox Law, PLLC. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission for any other purpose nor may it be used against that party in any other proceeding. Why You Should Have A Law Firm Audit Your PIP Files! JUDICIAL CIRCUIT, IN AND FOR, The rules govern civil actions and apply to all special statutory proceedings in the circuit courts and county courts except those to which the Florida Probate Rules, the Florida Family Law Rules of Procedure, or the Small Claims Rules apply. JUDICIAL CIRCUIT, IN AND FOR Each matter of which an admission is requested must be separately set forth. Reasons for a Motion to transfer venue in a PIP Insurance case. AND THINGS AND ENTRY UPON AND FOR INSPECTION AND OTHER Keywords: Florida Rules of Civil Procedure, Admissions, Rule of Admissions, 1.370, 1.380, Florida District Court of Appeal, evidence, sanctions, costs, 36, Federal Rule of Civil Procedure 36, Appeal, rules, legal controversy, nullification, federal decisions, litigation, money, 1873, Suggested Citation: Nonverification of Pleadings Rule 1.040. DEFENDANT JASMINES MOTION FOR PROTECTIVE ORDER IN THE CIRCUIT COURT OF THE 15 Fla. R. Civ. Rule 1.250 Misjoinder and Nonjoinder . . Legal Request for Admissions: What happens if I fail to respond? "Any matter admitted under this rule is conclusively established unless the court on motion Depositions Upon Oral Examination, Rule 1.320. endobj Specifically, this Note discusses the purposes of RFAs, Florida Rule of Civil Procedure 1.370 governing RFAs, which parties may serve and must respond to RFAs, the proper scope of RFAs, the number of RFAs a party may serve, and entitlement to attorneys' fees for proving a denied RFA. RESPONSE TO PLAINTIFFS MOTION TO DETERMINE THE SUFFICIENCY OF 2 Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Homeowners Associations and Condominium Associations, Rule 1.222. There is no listed numerical limit for requests for admission in the Florida Rules of Civil Procedure. Admit that attached hereto as Exhibit A is a true and correct copy of a Different types of pleadings in Florida courts include: a complaint or petition and an answer to it, counter claim, answer to counter claim, cross claim, answer to cross claim, third-party complaint, third-party answer, affirmative defense and answer to affirmative defense. x @0kKXpXv0!q"77#T(('\P?zls+ TO PLAINTIFFS REQUESTS FOR ADMISSIONS when new changes related to "" are available. CASE NO. However, most parties will specify that the responses to the RFAs are due 20 days from the date of the agreed order. Service Service shall be achieved pursuant to Florida Rule of Civil Procedure 1.070. % Defendants. Pursuant to Fla. R. Civ. ORDERS, RULE 1.560 DISCOVERY IN AID OF ONE (FLORIDA PORTFOLIO) LLC; Commission and Rule 1.370 of the Florida Rules of Civil Procedure, hereby files his response to the Second Request for Admissions of the Judicial Qualifications Commission dated December 2, 2009, and states as follows: 1. PARTIES, RULE 1.270 CONSOLIDATION; SEPARATE DEFENDANT, GLEN OAKS PROPERTY OWNERS ASSOCIATION, INC.S 2d 1179 (Fla. 4, Singer v. Nationwide Fire Ins. DECREES, OR It will be interesting to see how the 4th DCA rules given their history of inconsistent rulings. Any party seeking costs, attorneys fees, or both should file a motion within 30 days of the judgment. If that receiving party fails to act, the matter will then be admitted, and at the time of trial, it will become a stipulated fact. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. endstream If objection is made, the reasons shall be stated. P. 1.280 Download PDF As amended through February 1, 2023 Rule 1.280 - GENERAL PROVISIONS GOVERNING DISCOVERY (a) Discovery Methods. The Florida Rules of Civil Procedure lay down the rules that should be followed by Florida state courts. Subsection (b) states that any matter admitted under the rule is exclusively established unless the court on motion permits withdrawal or amendment of the admission. (Id., citing Fla. R. Civ. FOR PALM BEACH COUNTY, Rule 1.360 - EXAMINATION OF PERSONS (a) Request; Scope. COMES NOW, Plaintiff, LORI URBAITIS, by and through the undersigned counsel, : 2021-CA-002489 Attaching Copy of Cause of Action and Exhibits, Rule 1.170. ONE ( FLORIDA PORTFOLIO) LLCS, MOTION FOR LEA, Filing # 122252634 E-Filed 03/01/2021 02:45:24 PM : 50-2020-CA-007654-XXXX-MB <>/ProcSet 122 0 R/Font<>>>/CropBox[0 0 612 792]/Parent 26 0 R/MediaBox[0 0 612 792]/Annots 133 0 R/Type/Page/Contents[124 0 R 119 0 R 125 0 R 120 0 R 117 0 R 121 0 R 118 0 R 123 0 R]/Rotate 0/Tabs/S>> WINFIELD SOLUTIONS, LLCS OBJECTIONS AND RESPONSES Your subscription was successfully upgraded. A Practice Note explaining how to draft and serve requests for admission in a Florida circuit court civil case. P. 1.370(a).) > > Read More.. Requests as to Genuineness of Documents > > Read More . INSURANCE COMPANY, 3 <>/Pages 26 0 R/StructTreeRoot 111 0 R/PageLayout/OneColumn/Type/Catalog/Metadata 17 0 R/Names 16 0 R>> Counsel should draft clear, direct, and concise RFAs. As drafted, Rule 1.370 appears to be an important part of the scheme designed to achieve the desired "just, speedy and inexpensive" determinations of actions. This field is for validation purposes and should be left unchanged. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. Depositions Before Action or Pending Appeal, Rule 1.300. This standard is understandable, yet frustrating. CASE NO. <>stream However, despite Florida courts reluctance to deem responses to RFAs admitted, there is supporting case law for a stricter interpretation or application of Florida Rules of Civil Procedure Section 1.370(a). ), Rule 1.370 has been liberally interpreted, and there is a strong preference that genuinely disputed claims be decided upon their merits rather than technical rules of default. (Wells Fargo Bank, N.A. P. Defendants. 3d 414, 416 citing Wells Fargo Bank Nat'l Ass'n v. Voorhees (2016) 194 So.3d 448, 451 citing PennyMac Corp. v. Labeau (2015) 180 So.3d 1216, 1219; see also Melody Tours, Inc. v. Granville Mkt. The request for admission shall not exceed 30 requests, including all subparts, unless the court permits a larger number on motion and notice and for good cause, or the parties propounding and responding to the requests stipulate to a larger number. Federal Rules of Civil Procedure Rule 36. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. (Fla. R. Civ. Then Part III expands on how the courts continued application of the law, remains virtually unchanged since 1873. A complaint should be filed by the real party in interest. Accessing Verdicts requires a change to your plan. Specifically, this Note discusses the purposes of RFAs. Chief among the latter is Florida Rules of Civil Procedure 1.370, Requests for Admission. Florida courts favor allowing amendments to permit a disposition on the merits, rather than on technical admissions. USE OF FORM REQUESTS. General Provisions Governing Discovery, Rule 1.285. and pursuant to Fla. R. Civ. DEFENDANTS RESPONSE TO PLAINTIFFS REQUEST FOR ADMISSIONS limited liability company, and Browse USLegal Forms largest database of85k state and industry-specific legal forms. Florida Rules of Civil Procedure Rules Rule 1.280 - GENERAL PROVISIONS GOVERNING DISCOVERY Fla. R. Civ. Requests for Admission Rule 36. Individually and as Husband and Wife, Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. If objection is made, the reasons shall be stated. QUESTIONS, RULE 1.330 USE OF DEPOSITIONS IN Co., 512 So. Convenient, Affordable Legal Help - Because We Care! Originally developed by a group of trial attorneys, this handbook on civil discovery practice in the United States District Court, Middle District of Florida, updated in 2001, and again in 2015, attempts to supplement the rules and decisions by capturing this custom and practice. It is recommended that lawyers include an introductory statement that spells out the effect of an untimely denial in any request for admissions served on a pro se litigant. The Florida Rules of Civil Procedure Section 1.370(a) addresses these requests. GOVERNING DISCOVERY, RULE 1.290 DEPOSITIONS BEFORE PROPERTY OWNERS ASSOCIATION, Florida Rules of Civil Procedure Rule 1.010. PALM BEACH COUNTY, FLORIDA Florida Rules of Civil Procedure 3 . CIVIL ACTION PIP in Florida: How Much Does it Pay and Is It For Me? The Supreme Court on October 7 approved adding subdivision (i) to Rule of Civil Procedure 1.280 (General Provisions Governing Discovery). Demand for Jury Trial; Waiver, Rule 1.470. v. Shelton (2017) 223 So. endobj JUDGE GREGORY M. KEYSER If the real party in interest is a minor or incompetent person, the persons representative should file the complaint. 1972 Amendment. Florida Rules of Civil Procedure In accordance with Florida Small Claims Rule 7.020(c), all rules of the Florida Rules of Civil Procedures shall apply. vs. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. DEFENDANT, UNITED PROPERTY & CASUALTY INSURANCE COMPANYS. stream OF TRIALS, RULE 1.280 GENERAL PROVISIONS endobj If you're using a VPN server, please make sure you're using a US Based VPN Server, or disable it to access our site temporarily. P. 1.370(a). Fla. R. Civ. will be able to access it on trellis. stream FLORIDA GENERAL JURISDICTION DIVISION MARIA PETROVITCH, P. 1.530 and other applicable Florida law, Plaintif, Filing # 115505675 E-Filed 10/23/2020 11:25:39 AM Defendant Monsanto Company (Monsanto) responds pursuant to Florida Rule of Civil NONJOINDER OF COMPANY, Again, the Florida Rules of Civil Procedure only clearly indicate that service is necessary. You will lose the information in your envelope, MOTION REGENCY CENTERS CORPORATION REGENCY CENTERS LP AND EQUITY ONE ( FLO, SCOTT, ROY W V REGENCY CENTERS CORPORATION, MOTION PLAINTIFF'S MOTION FOR AWARD OF EXPENSES FOR PLAINTIFF'S MOTION TO , PETROVITCH, MARIA V UNITED PROPERTY & CASUALTY INSURANCE COMPANY, URBAITIS, LORI V STATE FARM FLORIDA INSURANCE COMPANY, RESPONSE TO: PLT'S MOTION TO DETERMINE THE SUFFICIENCY OF DFT'S RESPONSE T, FORER, JUSTIN V MS JASMINE PROPERTIES LLC, RESPONSE TO: IN OPPOSITION TO PLT'S MOTION TO DEEM REQUEST FOR ADMISSIONS , MCMAHON, FRANCIS ALOYISIUS V BMW OF NORTH AMERICA LLC, Motion to Allow/Strike Late Expert Witness Submission, [DOCUMENT] OSCAT ENTERPRISES INC V FORTRESS CAPITAL NOTE AQUISITION LLC, [DOCUMENT] MORRISON, LANDON V LYNCH, DOROTHY BARTON, [DOCUMENT] Linda Welch Plaintiff vs. Erica Jones Defendant, [DOCUMENT] Ramgoh Home Sales Inc, et al Plaintiff vs. Michael Vitale Defendant, [DOCUMENT] WANDA COWART VS UNITED PROPERT. MEDIATION AND ARBITRATION, RULE 1.810 SELECTION AND Florida Rule of Civil Procedure 1.370 governs requests for admissions. April 14, 2023 Responses to Requests for Admission United States District Court Middle District of Florida Timing Method of Service and Due Date of Responses If personally served, responses to interrogatories are due within thirty (30) days of service. Keywords: Florida Rules of Civil Procedure, Admissions, Rule of Admissions, 1.370, 1.380 . The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Plaintiff, HTr0( ONEpRltdq2)5kmEGV#gqtQK#(JVc_J{Ialq^R'N S2[)D7le?0(G. PLAINTIFFS MOTION TO DETERMINE SUFFICIENCY OF Plaintiff, Defendants. The courts, if found necessary will appoint a guardian ad litem to represent the minor or incompetent person. DEFENDANT. PARTIES, RULE 1.260 SURVIVOR; SUBSTITUTION Most simply, a request for admission is a discovery tool, in which one party, or both parties, attempt to establish issues that do not go to the "heart of the case." <> Derived from Federal Rule of Civil Procedure 34 as amended in 1970. P. Filing # 121336064 E-Filed 02/12/2021 03:41:08 PM Relief from Judgment, Decrees, or Orders, Rule 1.560. Below are two cases that deem answers admitted for failure to either serve responses to RFAs or attempts at serving responses months after the initial request. To learn more, visit PALM BEACH COUNTY, FLORIDA The corporation attempted to request an enlargement of time to respond to the RFAs on April 28, 2004. : A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not object to the request on that ground alone; the party may deny the matter or set forth reasons why the party cannot admit or deny it, subject to rule 1.380(c). through undersigned counsel and, Filing # 136240260 E-Filed 10/08/2021 11:03:06 PM (Fla. R. Civ. (1) Scope. In either event, you would want to serve the other side in the following manner: (1) If they are represented by an attorney, you must serve their attorney. R. Civ . Choice of Forum Rule 1.070. Part IV provides insight on how requests for admissions historically have been and remain small in number, and Part V illuminates of the Rule of Admissions is dancing on the line of nullification, making it appear to have little value. Part VI justifies how allowing fees and costs for a rule that is rarely invoked, appear to be extremely counterproductive. We noticed that you're using an AdBlocker. TO DEFENDANT WINFIELD SOLUTIONS, LLC Depositions Upon Written Questions, Rule 1.330. Scope-Title of Rules Rule 1.020. rule 1.390 depositions of expert witnesses. 4 AND THINGS WITHOUT DEPOSITION, RULE 1.380 FAILURE TO MAKE In answering the question of why counsel do not use them, one need look no further than the treatment given admissions by Florida's District Courts of Appeal over the past several decades. Procedure 1.370 to Plaintiff's Requests fo, Filing # 140764939 E-Filed 12/21/2021 01:32:00 PM rule 1.351 production of documents and things without deposition. GENERAL MAGISTRATES FOR RESIDENTIAL Exceptions Unnecessary; Jury Instructions, Rule 1.480. This will ensure that your unpaid bills will be collected in an expedited manner. P. 1.370, responds to the Request for Production propounded by the Posted: 29 Mar 2015, Barry University - Dwayne O. Andreas School of Law. The matter is admitted unless the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter within 30 days after service of the request or such shorter or longer time as the court may allow but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the process and initial pleading upon the defendant. IN THE CIRCUIT COURT OF THE 15" Member of 784 LAKE ROGERS, LLC, a Florida IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT Mobile Homeowners Associations, Rule 1.250. JUDGMENTS, RULE 1.590 PROCESS IN BEHALF OF AND You can always see your envelopes A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true andqualify or deny the remainder. vs. Florida Rules of Court Procedure To purchase a print copy of the Florida Rules of Procedure, go to the LexisNexis bookstore. UNITED PROPERTY & CASUALTY <>stream PURPOSES, RULE 1.351 PRODUCTION OF DOCUMENTS EXECUTION, RULE 1.570 ENFORCEMENT OF FINAL Achievement of this laudable goal, however, is dependent "in the last analysisupon the attitudes of judges and lawyers in approaching legal controversies and in employing and applying the rules." Process Rule 1.071. Plaintiffs, TRANCIS ALOYSIUS MOMAHON, ar NO: 50-2020-CA-010915-XXXX- Defendant, GLEN OAKS PROPERTY OWNERS ASSOCIATION, INC., by and Rules Common to Mediation and Arbitration, Rule 1.810. You must have JavaScript enabled in your browser to utilize the functionality of this website. Home | Blog | PIP Claims & Collections | Legal Request for Admissions: What happens if I fail to respond? ARAN TTAT W200 ttt at The 4th DCA emphasized the length of time that the insurance company relied on the admissions. RFAs were sent to the Asset Management Corporation on September 2, 2003. The rules govern civil actions and apply to all special statutory proceedings in the circuit courts and county courts except those to which the Florida Probate Rules, the Florida Family Law Rules of Procedure, or the Small Claims Rules apply. SmartRules only services accounts in the United States and customers with special access needs from abroad. v. Enter to open, tab to navigate, enter to select, https://content.next.westlaw.com/practical-law/document/I985297d3d2b311ebbea4f0dc9fb69570/Requests-for-Admission-Drafting-and-Serving-RFAs-FL?viewType=FullText&transitionType=Default&contextData=(sc.Default), Requests for Admission: Drafting and Serving RFAs (FL). However, that court may transfer a subpoena-related motion to the court in the district where . JUDICIAL CIRCUIT IN AND FOR ASSOCIATION, RULE 1.250 MISJOINDER AND DEFENDANT BM' 1F NORTH AMERICA, LLCS RESPONSE IN Subject to rule 1.200 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved by it and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining an action or defense on the merits.