11 Fla. L. Weekly Supp. 125c
Small claims — Insurance — Proposal for settlement — Applicability of Rule 1.442, Florida Rules of Civil Procedure, to small claims actions
PT FIRST REHABILITATION SERVICES, as Assignee of Cheryl Wilson, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 2001-445 SP. Division B. April 12, 2001. Roberto A. Arias, Judge. Counsel: James A. Farson, Jacksonville. Jim Rinaman, Hinshaw & Culbertson, Jacksonville.
ORDER DENYING DEFENDANT’S MOTION TO APPLY RULE 1.442, FLORIDA RULES OF CIVIL PROCEDURE
THIS CAUSE having come before the Court upon Defendant’s Motion to Apply Rule 1.442, Florida Rules of Civil Procedure to this action. The Court having heard arguments of counsel for the Defendant and counsel for the Plaintiff, and having further reviewed the authorities cited to the Court, finds that:
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 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 (1) or more additional Florida Rules of Civil Procedure.
B. This Court has considered Defendant’s Motion to Apply Rule 1.442, Florida Rules of Civil Procedure as being made under subsection (c) of Rule 7.020. The Court finds that, while seemingly having 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 claim actions. Furthermore, the case cited by the Defendant of 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 the above stated reasons, it is hereby
ORDERED AND ADJUDGED:
The Defendant’s Motion to Apply Florida Civil Rule 1.442 is hereby DENIED.
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