Legal Question in Civil Litigation in Florida
small claims file twice
Can I REFILE a small claims suit if I lost the case due to the judge not accepting written estimates for the work?
I filed a small claims suit in FL for damages caused to a door of property. I used written estimites for the work rather than pay in advance. The guidelines from the county stated that estimates were only admissable if both parties agreed. When asked if estimates were OK the defendent said ''fine''. The judge said that he would not take advantage of her not knowing and would not accept the written estimates. He ruled for the defendent.
The baliff followed us out and suggested paying for the work and refiling the case.
I have had the work done and now have an official bill. The court office said I could refile if I wanted to but, I am not confident that I would not be wasting my money.
My questions are: can I file AGAIN now that I have paid for the repairs? Is there a double jeopordy type rule in small claims? Was the judge wrong not to accept my estimates and to cost me the fee to file again?
Thank you for any advice!
1 Answer from Attorneys
Re: small claims file twice
You should read the Small Claims Court Rules of your court. I doubt you can proceed unless the court decision was without prejudice.
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