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.
Key facts
- Plaintiff Hanna filed a post-judgment motion in small claims court captioned under Rule 1.540 (Florida Rules of Civil Procedure) challenging the trial court's dismissal of her claim based on statute of frauds grounds.
- The county court did not rule on the merits of the motion, apparently treating it as procedurally improper because Rule 1.540 does not apply in small claims proceedings.
- +1 more key fact with a free trial
Why it matters
Practitioners handling county court small claims matters must remember that rules 1.530 and 1.540 do not apply by default and that post-judgment motions are governed by rules 7.180 and 7.190 cannot be denied merely… — full analysis with a trial
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