11 Fla. L. Weekly Supp. 440b
Small claims — Attorney’s fees — Proposal for settlement — Motion to strike defendant’s proposal for settlement denied
KAREN SUMMERS, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE CO., Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-03-SC-1596-XXXX. Division D. March 26, 2004. Russell L. Healey, Judge. Counsel: D. Scott Craig, Farah, Farah & Abbott, P.A., Jacksonville, for Plaintiff. Ellen C. Pappas, McFarlain & Cassedy, P.A., Tallahassee, for Defendant.
ORDER DENYING PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S PROPOSAL FOR SETTLEMENT
THIS CAUSE came on to be heard upon the Plaintiff’s Motion to Strike Defendant’s Proposal for Settlement Pursuant to Florida Statute §768.79, and the Court having heard argument of counsel and being otherwise fully advised in the premises, it is hereby:
ORDERED AND ADJUDGED:
1. Despite the fact that neither party moved to invoke the Florida Rules of Civil Procedure, and despite the fact that this is a Small Claims Case which means the Florida Rules of Civil Procedure do not apply, this Court is compelled to deny the Plaintiff’s motion as it relates to the application of Florida Statute 768.79 and Florida Rules of Civil Procedure 1.442 based on the First District Court of Appeal case of Tran v. State Farm, 28 Fla. L. Weekly D2471a (Fla. 1st DCA 2003).
2. The Court reserves ruling on the Defendant’s allegation that the proposal for settlement does not bear a reasonable relationship to what is owed, as that issue is not ripe at this time.
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