9 Fla. L. Weekly Supp. 53a
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
VINCON P.A., as assignee of VIVIANE MOISE, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. SCO 00-10892. November 6, 2001. Michael W. Miller, Judge. Counsel: Julie Walbroel-Pardy. Thomas Andrew Player, McKeever Albert & Barth, Winter Park.
ORDER ON PLAINTIFF’S MOTION TO STRIKEDEFENDANT’S PROPOSAL FOR SETTLEMENT
This action was heard on Plaintiff’s Motion to Strike Defendant’s Proposal for Settlement and
IT IS ADJUDGED that:
1. The court finds that because the substantive law of § 768.79, Fla. Stat. (1999) is enabled by Fla.R.Civ.P. 1.442, and Rule 1.442 is specifically not included in Fla.Sm.Cl.R. 7.020, which governs the applicability of the Florida Rules of Civil Procedure to small claims, Proposals for Settlement/Offers of Judgment are not allowed in small claims actions absent a stipulation or order adopting the Florida Rules of Civil Procedure, or specifically adopting Rule 1.442.
2. Accordingly, Defendant’s Proposal for Settlement is hereby stricken.
3. This order is made without prejudice to the Defendant to serve another Proposal for Settlement if at some point in this litigation Fla.R.Civ.P. 1.442 is invoked or otherwise becomes applicable to this action.
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