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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In Florida Small Claims Court can a plaintiff add "claims or

Resolved Question:

In Florida Small Claims Court can a plaintiff add "claims or counts" to an already filed case?
If yes what would they have to do to the already filed case?

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?
Submitted: 10 months ago.
Category: Legal
Expert:  Ely replied 10 months ago.
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?
Customer: replied 10 months ago.

Whether or not there was a fine paid is generally not disputed (is it?).



The fine is actually disputed.. there was a vote for a fine and then a realization the board did not give enough notice for the hearing. The fine was tabled until the next meeting where there was a vote to rescind the early fine vote. So a notice of fine or request for payment was never sent to member.

Expert:  Ely replied 10 months ago.
Did the member pay the fine?
Customer: replied 10 months ago.


A fine was never actually sent to the member so the member paid nothing.

Expert:  Ely replied 10 months ago.
Thank you.

In that case, either party can "amend" their pleading in an attempt to include other causes of action or facts; yes. This is not unusual.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 10 months ago.

Thanks Ely. Just to be clear. Even though they were never sent notice of a fine nor paid a fine they could add recovery on a "vote for a fine" to a small claim?

Expert:  Ely replied 10 months ago.
You are very welcome.

Even though they were never sent notice of a fine nor paid a fine they could add recovery on a "vote for a fine" to a small claim?

Well, they can try. They can add whatever they want on their pleading. Just because they are adding it does not mean that it will approved. This depends on the case of course, and is up to the Judge.

But to answer the question overall - a party may amend their pleading to the Court. Yes.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87190
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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