Legal Question in Civil Litigation in Florida

Civil Procedure Rule for Eviction

I filed for eviction against my tenants a few months ago. They paid their money so I filed a voluntary dismissal. Read the rules of civil procedure which state that a voluntary dismissal allows the case to be reopened within the statute of limitations. Now the tenants haven't paid again, in a different month, and I have to file again for a new situation. The Clerk at the courthouse told me that I could pay a $50.00 reopen fee for the new eviction and said that it would just be an amendment to the other case since we are dealing with the same tenants. Is this correct? The last thing I want is to file and pay $50 and then be told at the hearing that I didn't pay the correct fee. Does any attorney know the real answer to this question about reopening for only $50 if it is a new eviction.


Asked on 11/22/08, 12:03 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Civil Procedure Rule for Eviction

To be safe, I would re-file, not re-open. You might get away with re-opening if the clerk and the judge lets it slide, but technically you are filing a new eviction, which is a brand new lawsuit. Very likely, if you just re-open, the judge will catch it, tell you you should have re-filed in the first placed, and dismiss your case. Then you will have wasted time and $50.

A lot of law (and a very good reason to use a lawyer) is not just knowing how the system is supposed to work, but knowing how the system really works.

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Answered on 11/22/08, 12:23 pm


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