NATIONWIDE INSURANCE COMPANY OF AMERICA
v.
INTEGRITY MEDICAL GROUP, LLC A/A/O WILLIAM ELLIOTT
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A small claims court may not convert a motion for summary disposition filed under Florida Small Claims Rule 7.135 into a motion for summary judgment under Florida Rule of Civil Procedure 1.510 without compliance with the procedural requirements of the latter rule.
[1] When a small claims court invokes the Florida Rules of Civil Procedure, a motion for summary disposition filed under Small Claims Rule 7.135 must comply with the requirem…
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Join FLexlaw to unlock all legal intelligenceIntegrity Medical Group filed a personal injury protection insurance action against Nationwide Insurance in small claims court. After the trial court …
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PER CURIAM.
In this personal injury protection insurance case, Integrity Medical Group, LLC a/a/o William Elliott (“Integrity”) brought an action in small claims court against Nationwide Insurance Company of America (“Nationwide”). Pursuant to Florida Small Claims Rule 7.020(c), the trial court entered an order invoking the Florida Rules of Civil Procedure (with certain exceptions not relevant to this case). Subsequently, after a non-evidentiary hearing, the trial court entered a final judgment in favor of Integrity. On appeal, Nationwide argues that the trial court erred in treating, over objection, Integrity’s motion for summary disposition filed pursuant to Florida Small Claims Rule 7.135 as a motion for summary judgment filed under Florida Rule of Civil Procedure 1.510, and granting same. We agree. Integrity’s motion did not comply with requirements set forth in rule 1.510 and Nationwide was deprived of the opportunity to avail itself, as the nonmoving party, of the procedural safeguards provided under the rule. Accordingly, we reverse the final judgment entered in favor of Integrity and remand for further proceedings.
REVERSED and REMANDED.
EVANDER, MAKAR and EDWARDS JJ., concur.