Dulin re Andrew A. Perl v Martin County, Case

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					                              MARTIN COUNTY, FLORIDA
                            INTER-OFFICE MEMORANDUM


         TO: Clyde Dulin, Senior Planner                    DATE: September 30, 2008
             Growth Management Department

      FROM: David A. Acton
            Senior Assistant County Attorney

  SUBJECT: Andrew A. Perl v. Martin County
           Case No. 08-1441 CA



The Plaintiff has served the County with a Request for Admissions. (See copy attached for
your review.) It lists 7 separately enumerated matters that need to be addressed. A
typical response would be to simply “admit” or “deny” each separate matter, although
some may require a response that involves both a partial admission and a partial denial.

An admission by a party in response to such a Request eliminates the need for any party
to offer testimony or evidence to prove the matter admitted. On the other hand, if a party
does prove a matter that was denied, but should have been admitted, the party who filed
the request for admissions may be able to recover attorney’s fees and costs associated with
having to prove that matter. It is thus very important that the County consider carefully
what it admits or denies.

Please review the 7 separately enumerated matters and consider which ones you could
help answer. The response from the County is due on October 24th. I would like to meet
and discuss what we can admit or must deny. My secretary, Maria Harrison, will
schedule a mutually convenient date and time for that meeting.

Please do not draft nor send any memoranda or e-mails to me or anyone else concerning
possible or proposed response to this document. Also, our office will prepare the only
response that will be submitted to answer the Request for Admissions.

DAA/mh
Attachments
Copy: Duncan Ballantyne, County Administrator
      Taryn Kryzda, Assistant County Administrator
      Jim Sherman, Assistant County Administrator




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