14 Fla. L. Weekly Supp. 588a
Insurance — Personal injury protection — Discovery — Pure bill of discovery complaint is dismissed where medical provider has already identified proper party defendant and potential causes of action for breach of contract and PIP claim — Further, small claims court has no jurisdiction over pure bill of discovery complaint
SOUTH MIAMI 3 DIMENSIONAL INSTITUTE INC., (Fernandez), Plaintiff(s), vs. MERCURY INSURANCE COMPANY OF FLORIDA, Defendant(s). County Court, 11th Judicial Circuit in and for Miami Dade County, Civil Division. Case No. 04-5792 SP 26 (03). March 9, 2007. Patricia Marino-Pedraza, Judge. Counsel: Neil Gonzalez, Miami. Scott Danner, Kirwan & Spellacy, P.A., Fort Lauderdale.
ORDER OF DISMISSAL
THIS CAUSE came before the Court on March 1, 2007 on Defendant’s Motion to Dismiss and/or in the alternative Motion for Summary Judgment.
ORDERED AND ADJUDGED:
1. On or about July 15, 2004, Plaintiff filed a pure bill of discovery complaint in the small claims division of the County Court.
2. A pure bill of discovery is not to be used to determine whether evidence exists to support on allegation, but rather to determine in the absence of an adequate legal remedy “the identity of a proper party defendant or the appropriate legal theory for relief.” Trak Microwave Corp. v. Culley, 728 So.2d 1177 (Fla. 2d DCA 1998).
3. In the instant case, the Plaintiff has already identified the proper party defendant, Mercury Insurance Company of Florida, and potential causes of action, i.e. contract and PIP claims. See also Kirlin v. Green, 32 Fla. L. Weekly D524 (Fla. 3rd DCA 2007).
4. Additionally, this court sitting in the capacity of the small claims division, is without jurisdiction over this complaint. A pure bill of discovery is only authorized in equity in the absence of an adequate legal remedy. Debt Settlement v. Antigua and Barbuda, 32 Fla. L. Weekly D454 (Fla. 3rd DCA 2007). Florida Small claims rules require all actions to be at law and not in equity. See Tax Certificate Redemptions, Inc. v. Meitz, Jr., 705 So.2d 64 (Fla. 4th DCA 1997).
5. Therefore, this cause is dismissed without prejudice.
