9 Fla. L. Weekly Supp. 52a
Small claims rules — Proposal for settlement stricken where action has been brought under small claims rules, and neither party has moved to invoke rules of civil procedure
MOTION X-RAY, INC., d/b/a NU-BEST DIAGNOSTIC LABS, as assignee of RAMONA RICHARDS, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. SCO-00-4679. November 6, 2001. Wilfredo Martinez, Judge. Counsel: Rebecca Bench. Thomas Andrew Player, McKeever Albert & Barth, Winter Park.
ORDER
This action was heard on Plaintiff’s Amended Motion to Strike Defendant’s Proposal for Settlement and the court finds that:
1. This action was brought under the Florida Small Claims Rules approximately fifteen months ago;
2. During the pendency of this case, neither party has moved the court to invoke the Florida Rules of Civil Procedure;
3. Proposals for Settlement are not allowed in Small Claims actions, absent an Order either invoking the Florida Rules of Civil Procedure in their entirety or specifically invoking Fla.R.Civ.P. 1.442; and, therefore,
IT IS ADJUDGED that:
Because this case has been brought under the Florida Small Claims Rules, Defendant’s Proposal for Settlement is hereby Stricken.
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