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I have pending a small claims case in St Lucie County Court. I have discovered additional damages which far exceed the Court's juriditional limits. What type of pleading should I file to add the additional allegations and move the case into Circuit Court?

Submitted: 90 days ago.

Category: Legal

Value: $28

Status: AWAITING CUSTOMER ACTION

State/Country relating to Question: Florida

Already Tried:
I filed the original complaint in small claims, to take advantage of the simplified procedures. However I would also like to try to recover additional damages, due to the Defendant's breech of contract, so I want to move the case to the Circuit Court in St Lucie County FL

Accepted Answer

hi

you will need to withdraw the Complaint in Small Claims and then proceed with a new Complaint in the Circuit Court. so go to the clerk in SC and ask for the form to withdraw and then go to Circuit Court and see if they have forms to file. if they do not have pre-forms to fill in, then you will need to draft the matter from scratch. you can ask the clerk for a Pleadings form book and that will assist you.

Accepts:
Expert:	Sam
Pos. Feedback:	99.0 %
Answered:	8/25/2009

Attorney at Law

20 years practicing law

90 days ago.

Reply

By withdraw, do you mean, file a voluntary dismissal ? And should it be cut and dry, "I move to dismiss without predudice" or should I state the reason for the dismissal?

Posted by Sam 90 days ago.

Answer

hi

you can file for voluntary withdraw and state "without prejudice" meaning you can refile. you do not need to state a reason. then just file the matter in circuit court

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