CORINNE GONZALES v. LAWRENCE BOAS, 162 Md. App. 344

Summary

Appellant filed a civil battery complaint. The doctor filed a RA. Through an oversight, appellant's response was eight days late. The circuit court dismissed the complaint but allowed appellant to file an amended complaint. The doctor sought to strike appellant's response to the RA. Appellant sought to withdraw deemed admissions. The circuit court struck the response and granted the doctor summary judgment on matters deemed admitted. On appeal, the court reversed that decision. The appellate court reversed and remanded for reconsideration. The court found that appellant's amended complaint did not restart the time for her response under Md. R. 2-424(b), so it was untimely. However, the circuit court did not exercise any discretion on whether to permit withdrawal of the deemed admissions under Md. R. 2-424(d). No explanation except untimeliness was given, an untimely response did not automatically require striking it, and no consideration was given to the devastating effect on the ...