22 Fla. L. Weekly Supp. 707a
Online Reference: FLWSUPP 2206LAWSInsurance — Small claims — Motion to invoke Rules of Civil Procedure in small claims action is denied — Insurer’s motion for leave to file amended answer and additional affirmative defenses is granted
NORTH FLORIDA CHIROPRACTIC & REHABILITATION CENTER, INC., as assignee of DESTINY LAWSON, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2014-SC-001358, Division C. September 30, 2014. Brent D. Shore, Judge. Counsel: D. Scott Craig, Ellis Peetluk and David Salisbury, II, Law Office of D. Scott Craig, LLC, Jacksonville, for Plaintiff.
ORDER ON DEFENDANT’S MOTIONTO INVOKE THE FLORIDA RULES OFCIVIL PROCEDURE AND THE DEFENDANT’SMOTION FOR LEAVE TO FILE AN AMENDED ANSWERAND ADDITIONAL AFFIRMATIVE DEFENSES
This cause came before the Court for Hearing on the Defendant’s Motion To Invoke The Florida Rules Of Civil Procedure and the Defendant’s Motion For Leave To File An Amended Answer and Additional Affirmative Defenses, and the Court having considered the argument of counsel and being fully advised, finds:
A.) On the Defendant’s Motion To Invoke The Florida Rules Of Civil Procedure, the Court finds the argument presented by each counsel to be troublesome. Counsel for the Defendant, without case law, primarily argues that the Small Claims Rules were designed for Pro Se cases, and not cases where the parties, especially corporations, are represented by counsel. The Court can find no authority for the Defendant’s proposition. Counsel for the Plaintiff argues that the Defendant really filed the Motion specifically to invoke Florida Rule Of Civil Procedure 1.442, which counsel for the Defendant denies and, although Plaintiff’s counsel undertook representation of the Plaintiff for the amount in controversy, he also argues that the Rules Of Civil Procedure should be reserved for “big boy Court”, apparently overlooking the fact that the Rules of Civil Procedure apply to all cases where the amount in controversy exceeds $5,000.00. Presumably, the legislature found that sum to be significant.
B.) The Court finds that there is no legal or equitable basis to deny the Defendant’s Motion For Leave To File An Amended Answer And Additional Affirmative Defenses. Therefore, it is
ORDERED AND ADJUDGED:
1. The Defendant’s Motion To Invoke The Florida Rules Of Civil Procedure is Denied.
2. The Defendant’s Motion For Leave To File An Amended Answer And Additional Affirmative Defenses is Granted. The Defendant shall have twenty (20) days from the date of this Order to file an Amended Answer and Additional Affirmative Defenses.
