Tax Certificate Redemption's, Inc. v. Meitz

ON MOTION FOR REHEARING

The petitioner filed an action for unjust enrichment, specific performance and quasi contract in small claims court, claiming that it was entitled to $1,985.13 plus interest for a 1990 tax certificate that respondents have refused to pay for almost seven years.

Upon the respondents’ motion, the court dismissed the suit on the ground that it was not properly filed in small claims court, since Florida Small Claims Rule 7.010(b) requires all actions to be at law and not in equity. This ruling prompted a petition for mandamus to the circuit court, requesting a writ to order…