FERNANDEZ, J.
Wells Fargo Bank, N.A. etc. appeals from a final judgment of involuntary dismissal following a non-jury trial. We reverse the order of dismissal because the record supports the denial of Wells Fargo's technical admissions in the underlying mortgage foreclosure suit filed against appellee Melissa M. Donaldson.
Wells Fargo filed suit on September 12, 2012. Wells Fargo alleged in its verified complaint that it was the holder of the note and mortgage, and it was entitled to enforce them. At paragraph 4 of the complaint, Wells Fargo referenced an assignment of the subject note and mortgage recorded on March 9, 2010.
Wells Fargo attached a copy of an adjustable rate note to the complaint, which contains a blank endorsement.
Donaldson answered and raised affirmative defenses. Its defenses included that Wells Fargo had no standing to sue; was not the lawful assignee of the note and mortgage; could not produce the original note and mortgage; was not the holder or owner of the note and mortgage; and was not in possession of the note and mortgage.
In its reply to Donaldson's answer and affirmative defenses, Wells Fargo denied Donaldson's allegations. Wells Fargo alleged that it was in possession of the original note endorsed in blank. Wells Fargo also alleged that it was not required to produce a written or recorded assignment to maintain its foreclosure suit. Wells Fargo nonetheless attached an assignment of mortgage to its reply.
This Court's standard of review of the trial court's factual determinations is abuse of discretion, and the test for reasonableness is as follows:
Canakaris v. Canakaris, 382 So.2d 1197, 1203 (Fla.1980). The trial court's ruling has a presumption of correctness and the burden is upon the appellant to demonstrate reversible error. Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979).
There is no dispute that Wells Fargo failed to timely respond to Donaldson's request for admissions. Florida Rule of Civil Procedure 1.370 provides, in relevant part:
Wells Fargo's failure to do so, however, does not preclude its entitlement to relief from the effect of its technical admissions.
We held in Sher v. Liberty Mutual Insurance Company, 557 So.2d 638, 639 (Fla. 3d DCA 1990), that disputed issues of fact precluded the entry of summary judgment since the record was replete with evidence that contradicted the admissions created by a failure to timely respond. Similarly, in Ruiz v. De Varona, 785 So.2d 508, 509 (Fla. 3d DCA 2000), this Court noted 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".
Here, like in Sher and Ruiz, the record supports the denial of Wells Fargo's technical admissions. The allegations contained in the verified complaint contradicted the technical admissions. Wells Fargo alleged that it owned the note and that it had the right to foreclose. Furthermore, the attachments to the complaint contradicted the technical admissions. Wells Fargo attached a copy of the note to the verified complaint, which was endorsed in blank.
Accordingly, we reverse the order of dismissal and remand the cause for further proceedings.
Reversed and remanded.