11 Fla. L. Weekly Supp. 126e
Small claims — Insurance — Proposal for settlement — Applicability of Rule 1.442, Florida Rules of Civil Procedure, to small claims actions
Global Medical Diagnostics, LLC., as assignee of Jerald Stafford, Plaintiff(s), vs. State Farm Mutual Automobile Insurance, Co., Defendant(s). County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2002-SC-10595-XXXX. Division C. May 19, 2003. Brent D. Shore, Judge. Counsel: D. Scott Craig, Jacksonville. Raymond Roebuck, Jacksonville.
ORDER ON DEFENDANT’S MOTION TO INVOKE THE RULES OF CIVIL PROCEDURE
THIS CAUSE came before the Court on the Defendant’s Motion to Invoke the Rules of Civil Procedure, and the Court having considered the argument of counsel for the respective parties and having further reviewed the authorities cited to the Court, finds:
(a) Rule 7.020(a), Fla. SM. CL. R., lists specifically the Rules of Civil Procedure which are applicable to actions covered by the Rules of Small Claim actions. Further, subsection (b) lists the discovery rules under the Florida Rules of Civil Procedure which are applicable without an Order of the Court. Subsection (c) of Rule 7.020 allows the Court, in any particular action, to order that action to proceed under one or more additional Florida Rules of Civil Procedure.
(b) This Court has considered the Defendant’s Motion to Invoke the Rules of Civil Procedure, including Rule 1.442. The Court finds that, while seemingly having the authority to do so under subsection (c), due to the nature of small claims actions and due to the expedited nature of calendaring actions for trial pursuant to Rule 7.090, the Court finds that Rule 1.442, Florida Rules of Civil Procedure was not intended to be applied to small claims actions. Furthermore, the cases cited by the Defendant, U.S. Security Insurance Co. v. Cahuasqui, 760 So.2d 1101 (Fla. 3rd DCA 2000) does not mandate the application of Rule 1.442, Florida Rules of Civil Procedure to small claims actions. Therefore, it is
ORDERED and ADJUDGED:
The Defendant’s Motion to Invoke the Rules of Civil Procedure is Granted, with the exception of Rule 1.442.
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