In Re: Amendments to Florida Small Claims Rule 7.110 and Form 7.310 ( 2023 )

Supreme Court of Florida
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No. SC2023-0436
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IN RE: AMENDMENTS TO FLORIDA SMALL CLAIMS RULE 7.110
AND FORM 7.310.
October 12, 2023
PER CURIAM.
The Florida Bar’s Small Claims Rules Committee has filed a
report proposing amendments to Florida Small Claims Rule 7.110
(Dismissal of Actions) and form 7.310 (Caption). 1 The proposed
amendments were unanimously approved by the Committee, and
The Florida Bar’s Board of Governors recommends adoption of the
proposed changes. The proposed amendments were published for
comment by both the Committee and the Court. No comments were
received in response to either publication.
Having considered the proposed amendments and the
Committee’s report, we adopt the amendments to the Florida Small
1. We have jurisdiction. See art. V, § 2(a), Fla. Const.; see
also Fla. R. Gen. Prac. & Jud. Admin. 2.140(b)(1).
Claims Rules proposed by the Committee with a minor modification.
Rule 7.110(c) is retitled “Counterclaim,” and the rule is amended to
clarify that a counterclaim filed by a defendant remains pending
after a plaintiff voluntarily dismisses the original action unless the
defendant agrees to its dismissal.
Accordingly, the Florida Small Claims Rules are amended as
set forth in the appendix to this opinion. New language is indicated
by underscoring; deletions are indicated by struck-through type.
The amendments become effective on January 1, 2024, at 12:01
a.m.
It is so ordered.
MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS,
FRANCIS, and SASSO, JJ., concur.
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Small Claims Rules
Alison Verges Walters, Chair, Small Claims Rules Committee,
Chicago, Illinois, Cristen H. Martinez, Past Chair, Small Claims
Rules Committee, Lutz, Florida, Joshua E. Doyle, Executive
Director, The Florida Bar, Tallahassee, Florida, and Kelly Smith,
Bar Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
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APPENDIX
RULE 7.110. DISMISSAL OF ACTIONS
(a) Voluntary Dismissal; Effect Thereof.
(1) By Parties. Except in actions where property has
been seized or is in the custody of the court, an action may be
dismissed by the plaintiff without order of court by:
(A) by the plaintiff informing the defendant and
clerk of the dismissal before the trial date fixed in the notice to
appear, or before retirement of the jury in a case tried before a jury
or before submission of a nonjury case to the court for decision,; or
(B) by filing a stipulation of dismissal signed by all
parties who have appeared in the action.
Unless otherwise stated, theThe dismissal is without
prejudice unless otherwise stated, except that a. A dismissal
operates as an adjudication on the merits when a plaintiff has once
dismissed in any court an action based on or including the same
claim in any court.
(2) By Order of the Court; If Counterclaim. Except as
provided in subdivision (a)(1) of this rule, an action shallmust not
be dismissed at a party’s instance except upon order of the court
and on suchwith terms and conditions as the court deemsfinds
proper. If a counterclaim has been made by the defendant before
the plaintiff dismisses voluntarily, the action shall not be dismissed
against the defendant’s objections unless the counterclaim can
remain pending for independent adjudication. Unless otherwise
specified in the order, aA dismissal under this subdivision is
without prejudice unless otherwise specified in the order.
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(b) Involuntary Dismissal. Any party may move for
dismissal of an action or of any claim against that party for failure
of an adverse party to comply with these rules or any order of court.
After a party seeking affirmative relief in an action has completed
the presentation of evidence, any other party may move for a
dismissal on the ground that upon the facts and the law the party
seeking affirmative relief has shown no right to relief without
waiving the right to offer evidence in the event the motion is not
granted. The court may then determine them and render judgment
against the party seeking affirmative relief or may decline to render
any judgment until the close of all the evidence. Unless the court in
its order for dismissal otherwise specifies in its order for dismissal,
a dismissal under this subdivision and any dismissal not provided
for in this rule, other than a dismissal for lack of jurisdiction or for
improper venue or for lack of an indispensable party, operates as an
adjudication on the merits.
(c) Dismissal of Counterclaim. If a counterclaim has been
filed by the defendant before the plaintiff voluntarily dismisses the
original action, the defendant’s counterclaim remains pending
unless the defendant agrees to its dismissal. The provisions of this
rule apply to the dismissal of any counterclaim.
(d) Costs. Costs must be assessed and judgment for costs
entered in any action dismissed under this rule shall be assessed
and judgment for costs entered in that action. If a party who has
once dismissed a claim in any court of this state commences an
action based on or including the same claim against the same
adverse party, the court shall make suchmust order for the
payment of costs of the claim previously dismissed in an amount as
it may deemfound proper and shall stay the proceedings in the
action until the party seeking affirmative relief has complied with
the order.
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(e) Failure to Prosecute. All actions in which it affirmatively
appears that
(1) If it appears on the face of the record that no
actionactivity has been taken by filing of pleadings, order of court,
or otherwise for a period of 6 months, the action shallmust be
dismissed by the court on its own motion or on motion of any
interested person, whether a party to the action or not,.
(2) Prior to any action being dismissed for failure to
prosecute, after 30 days’ notice must be provided to the parties,
unless.
(3) An action cannot be dismissed for failure to
prosecute if:
(A) a stipulation staying the action has been filed
with the court, or;
(B) a stay order has been filed,; or
(C) a party shows good cause in writing at least 5
days before the hearing on the motion why the action should
remain pending.
Committee Notes
[No Change]
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FORM 7.310. CAPTION
(name of court)In the County Court
for .......... County, Florida
Case Number:
A. B.,Name, )
)
Plaintiff, )
)
-vs-v. ) No.
)
C.D.,Name, )
)
Defendant. )
(designation of pleading)
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