21 Fla. L. Weekly Supp. 78a
Online Reference: FLWSUPP 2101SCHUInsurance — Personal injury protection — Small claims — Doctrine of de minimis non curat lex does not preclude small claims action seeking $3.36 in PIP benefits
ORTHOPAEDIC CLINIC OF DAYTONA BEACH, P.A., as assignee of Penny Schuerer, Plaintiff, v. PEAK PROPERTY AND CASUALTY INSURANCE CORPORATION, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2011 31155 COCI, Division 84. August 13, 2013. Dawn P. Fields, Judge. Counsel: Robert Bartels, Bradford Cederberg, Orlando, for the Plaintiff. Eric Biernacki, Orlando, for Defendant.ORDER
THIS MATTER having come before this Honorable Court on Defendant’s Motion for Final Summary Judgment Based on the Doctrine of De Minimis Non Curat Lex and Motion for Protective Order, Plaintiff’s Motion to Compel Deposition, Motion to Compel Responses to Request to Produce and Motion to Compel Answers to Interrogatories, and this Honorable Court having heard arguments of counsel and being otherwise fully advised in the premises, hereby makes the following Finding of Fact and Conclusions of Law:
This is a breach of contract action in which Plaintiff filed suit seeking reimbursement for $3.36 for insurance benefits that were underpaid. Defendant’s filed a Motion for Summary Judgment and asserted that, based on the Doctrine of De Minimis Non Curat Lex, the case should be dismissed.
The Court finds that the Legislature created small claims court to deal with actions at law in which the demand or value of property invoked does not exceed $5,000 exclusive of costs, interest and attorney fees. Fla. Sm. Cl. R. 7.010. Although there is a maximum amount for small claims action, there is no minimum amount that must be pled to invoke the Court’s jurisdiction.
If the Court were to grant Defendant’s Motion then it would be ignoring the legislative intent and purpose behind the creation a Small Claims Courts and could also potentially have a chilling effect on future litigants seeking to address their issues in Court.
This Court is persuaded by Karow Chiropractic Center PA a/a/o Ronny Alguera v. State Farm Mutual Automobile Insurance Company, Broward County Case No: 502012SC012645XXXXSB February 5, 2013. [20 Fla. L. Weekly Supp. 518a] Florida law does not support a position of de minimis non curat lex in small claims personal injury protection matters for breach of contract and unpaid benefits. Since there is no binding case law in Florida on the application of de minimis non curat lex to personal injury protection matters, the court is limited to the controlling provisions of both the Article 5, Section 20 of the Constitution of the State of Florida and Florida Statutes and Small Claims Rules.
Accordingly, Defendant’s Motion for Final Summary Judgment is Denied.1
Plaintiff’s Motion to Compel the deposition of the adjuster is hereby GRANTED.
Within thirty days of this order, Defendant shall provide available dates for the deposition to occur within ninety days from entry of this Order. Plaintiff shall also provide deposition dates of its corporate representative to occur within ninety days from entry of this order.
Defendant withdraws its Motion for Protective Order and, therefore, Plaintiff’s Motions to Compel answers to Interrogatories and Request to Produce is DENIED AS MOOT. Defendant shall provide discovery responses within thirty days from entry of this order.
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1Plaintiff’s Ore Tenus Motion for Partial Summary Judgment as to defendant’s affirmative defense of De Minimis Non Curat Lex is denied as moot based on Defendant’s withdrawal, on the record, of the tenth affirmative defense of De Minimis Non Curat Lex.
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