10 Fla. L. Weekly Supp. 1060b
Insurance — Personal injury protection — Motion to strike proposal for settlement filed pursuant to Rule of Civil Procedure 1.442 and section 768.79 granted — Defendant has not moved for application of any additional rules of civil procedure to instant small claims proceeding — Small claims actions are excluded from definition of civil actions and are not governed by any rule or statute not contemplated by Florida Small Claims Rules
NON-OPERATIVE SPINE, PAIN AND NEUROMUSCULAR CENTER, as assignee of Bradford Keller, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Collier County. Case No. 02-2501-SP. October 27, 2003. Vince Murphy, Judge. Counsel: Lorca Divale, Morgan Colling & Gilbert, Fort Myers. Marc Crumpton.
[Related order at 10 Fla. L. Weekly Supp. 1060c.]
ORDER STRIKING DEFENDANT’S PROPOSAL FOR SETTLEMENT
This cause coming to be heard upon the Plaintiff’s Motion to Strike Defendant’s Offer of Judgment/Proposal for Settlement and the court having considered the record, having heard argument of counsel, and otherwise being duly advised in the premise, it is
ORDERED AND ADJUDGED as follows:
1. Plaintiff filed a Personal Injury Protection (PIP) suit in Small Claims Court for damages in the amount of $1,805.80 plus attorney’s fees and costs.
2. Defendant, Progressive Express Insurance Company, served a Proposal for Settlement on the Plaintiff pursuant to Florida Rule of Civil Procedure 1.442 and §768.79 Florida Statutes and filed a Notice of Serving Proposal for Settlement with the Court.
3. Prior to service of the Proposal for Settlement the Defendant had not moved the Court for application of any additional rules of Civil Procedure pursuant to Florida Small Claims Rule 7.020(c).
4. Plaintiff filed its Motion to Strike Defendant’s Offer of Judgment/Proposal for Settlement arguing that Florida Statute §768.79 has no effect without application of Fla. R. Civ. P. 1.442 and that Florida Small Claims Rule 7.020(c) is the exclusive means by which any additional rule of Civil Procedure may be applied in small claims actions.
5. Defendant argues that Fla. R. of Civ. P. 1.442 is not required for the filing of a Proposal for Settlement because it is a statutory right under §768.79.
6. This court finds that Fla. R. Civ. P. 1.010 and 1.040 clearly exclude Small Claims actions from the definition of Civil Actions which are therefore not governed by any rule or statute not contemplated by the Florida Small Claims Rules. This finding is consistent with the Court’s prior rulings denying application of Fla. R. Civ. P. 1.442 to Small Claims cases.
7. For the above stated reasons Plaintiff’s Motion to Strike Defendant’s Offer of Judgment/Proposal for Settlement is hereby granted.
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