26 Fla. L. Weekly Supp. 521b
Online Reference: FLWSUPP 2606CARAInsurance — Personal injury protection — Defendant’s rule 1.140 motion for judgment on pleadings was not proper in small claims proceeding where rules of civil procedure were not invoked and it had been made clear that case would proceed under small claims rules — Plaintiff’s motion for relief from judgment is granted — Judgment on pleadings pursuant to small claims rule not proper due to posture of the case
PATH MEDICAL LLC, Plaintiff, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE17020122. Division 54. September 21, 2018. Florence Barner, Judge.
ORDER GRANTINGPLAINTIFF’S MOTION FOR REHEARING, RECONSIDERATION,AND/OR RELIEF FROM JUDGMENT OR ORDER[Original Opinion at 26 Fla. L. Weekly Supp. 333a]
THIS CAUSE having come on to be heard on Plaintiff, PATH MEDICAL, LLC, Motion for Rehearing, and the Court being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED:
1. The parties failed to enter a joint stipulation invoking the rules of civil procedure as the Court so ordered on February 6, 2018.
2. The Court reiterated at a hearing on April 2, 2018 that the case would proceed under the small claims rules. The Court did not invoke its power under the small claims rules to specifically invoke any of the rules of civil procedure.
3. Nevertheless, the Defendant ignored the Court’s orders and filed a Motion for Judgment on the Pleadings pursuant to F.R.C.P. §1.140.
4. Defendant further presented this motion at a hearing on June 5, 2018, and made no mention of the rules not being invoked until after the hearing was held.
5. The Court entered its ruling and based its ruling on a belief that the rules had been invoked, and under applicable case law interpreting F.R.C.P. §1.140 declined to take into consideration evidence filed by the Plaintiff that would have corrected the issues raised in Defendant’s Motion.
6. Had it been clear that this suit was to proceed only under the small claims rules and essentially as a Motion for Summary Disposition, the Court’s analysis and ultimate ruling could potentially have been quite different. Under summary disposition, the evidence filed by Plaintiff as part of the record could be considered.
7. Thus, the Court finds that pursuant to Florida Small Claims Rules 7.190(b)(3) a Motion for Judgment on the Pleadings was not proper due to the posture of this case.
8. Plaintiff’s Motion is Granted and the Plaintiff is relieved from the judgment previously entered in this matter.
9. Defense may file a Motion for Summary Disposition in this matter should it choose to in accordance with the small claims rules of procedure.
