Sher v. Liberty Mut. Ins. Co

In Sher v. Liberty Mut. Ins. Co., 557 So. 2d 638, 639 (Fla. 3d DCA 1990), however, this district concluded that trial courts "are required to look beyond the pleadings to determine the propriety of entering summary judgment." The Court indicated that dismissal based solely on the failure to timely answer a request for admissions would be inappropriate when the pleadings make clear the opposing party's position and the existence of disputed facts.