Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.In Florida Small Claims Court can a plaintiff add "claims or counts" to an already filed case?
The answer is yes
. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
If the Plaintiff wishes to add another claim, they can if there is time before the trial hearing.If yes what would they have to do to the already filed case?
They'd need to AMEND the complaint to include an additional cause of action (or if simply adding/modifying facts, this can be done as well). The amended complaint must then be served unto the other party.If they are claiming a condo association illegally fined them would they have to bring the proof a fine was served to court ie a paper saying the Pelican Condo association has fined you in the amount of $xxx.
Not necessarily. Whether or not there was a fine paid is generally not disputed (is it?). If not, then if both parties agree that a fine was paid, then the question becomes not whether the fine was paid, but if it was lawful to have it in the first place.
In other words, "proof" of the fine is not necessary if the question is not IF the fine was paid, but, WHETHER OR NOT IT WAS VALID.Could they add that to an already filed case?
Yes, if they wanted to. Any party can amend a pleading prior to trial in most cases.
If they are claiming a condo association illegally fined them would they have to bring the proof a fine was served to court ie a paper saying the Pelican Condo association has fined you in the amount of $xxx. Could they add that to an already filed case?