Hanna v. Hemelberg
In a small claims case, the plaintiff filed a post-judgment motion captioned under Rule 1.540 arguing the trial court misapplied the statute of frauds in dismissing her claim. The Third DCA held that because Rules 1.530 and 1.540 do not generally apply in small claims proceedings, the county court was required to look past the caption and treat the timely filed motion as an authorized motion for new trial under Small Claims Rule 7.180, and to rule on the merits. The court also referred to the Florida Bar's Small Claims Rules Committee the question of whether rule 7.180 should expressly authorize rehearing motions directed to final orders.
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