27 Fla. L. Weekly Supp. 727a
Online Reference: FLWSUPP 2708JPERInsurance — Personal injury protection — Small claims — Motion to invoke rules of civil procedure is granted — Failure to invoke rule 1.442 would render meaningless provision of PIP statute making offer of judgment statute applicable
ORLANDO SPINE AND WELLNESS CENTER a/a/o Jose Perez, Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 7th Judicial Circuit in and for Flagler County. Case No. 2019-SC-001378, Division 60. October 15, 2019. H. Pope Hamrick, Jr., Judge. Counsel: Joseph William Engel, Jr., Simoes Davilla, P.L.L.C., Ocala, for Plaintiff. Christina M. Saad, Dutton Law Group, Jacksonville, for Defendant.
ORDER GRANTING DEFENDANT’SMOTION TO INVOKE THE FLORIDARULES OF CIVIL PROCEDURE
THIS MATTER, having come before this Court on Defendant’s Motion to Invoke the Florida Rules of Civil Procedure, and the Court being otherwise duly advised in the premises, the Court hereby finds:
1. Defendant’s argument is persuasive in that the Florida Rules of Civil Procedure should be invoked in a PIP Small Claims case.
2. Defendant’s argument is as follows: Both parties are sophisticated corporate entities represented by attorneys in this matter. Florida Statute Section 627.736(8), the PIP statute, explicitly states “[w]ith respect to any dispute under the provisions of ss. 627.730-627.7405 between the insured and the insurer, or between an assignee of an insured’s rights and the insurer, the provisions of ss. . . . 768.79 apply.” Section 768.79 explicitly states that it applies to “any civil action for damages filed in the courts of this state. . .” In order to recover fees and costs, an Offer of Judgment must strictly comply with both Rule 1.442 and Section 768.79. See Audiffred v. Arnold, 161 So.3d 1274, 1277-78 (Fla. 2015) [40 Fla. L. Weekly S199a]; Anderson v. Hilton Hotels Co., 202 So.3d 846, 852 (Fla. 2016) [41 Fla. L. Weekly S500a]. The legislature does not intend to enact useless provisions, and courts should avoid interpretations that would render part of a statute meaningless. State v. Goode, 830 So. 2d 817, 824 (Fla. 2002) [27 Fla. L. Weekly S860a]. If the Court declined to invoke the Rule 1.442, it would render Section 627.736(8) useless.
Further, this Court declines to parse through the Rules, and instead finds that the Rules should be invoked in their entirety in order to promote to judicial economy
THEREFORE, IT IS HEREBY ORDERED and ADJUDGED that:
1. Defendant’s Motion to Invoke the Florida Rules of Civil Procedure is hereby GRANTED.
