13 Fla. L. Weekly Supp. 830b
Insurance — Personal injury protection — Declaratory judgments — Amendment of petition — Where insured failed to file amended petition for declaratory judgment within time ordered by court when dismissing original petition, amended petition is dismissed for failure to comply with court order
SHANNON CIOTTI, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 05-20128, Division H. May 2, 2006. Eric R. Myers, Judge. Counsel: Gale L. Young, Gale L. Young, P.A., Tampa. Timothy A. Patrick.
ORDER ON DEFENDANT’S MOTION TO DISMISS AMENDED PETITION FOR DECLARATORY JUDGMENT
THIS CAUSE, having come on before this Court on April 26, 2006, upon the Defendant’s Motion to Dismiss Amended Petition for Declaratory Judgment and the Court having heard argument of counsel for the respective parties, and being otherwise duly advised in the premises, it is hereby
ORDERED AND ADJUDGED that Motion to Dismiss Amended Petition for Declaratory Judgment is granted, with the court making the following findings:
On November 21, 2005, the court entered its ordered dismissing this case for failure to state a cause of action. The court granted Plaintiff twenty (20) days from the entry of the court’s order to file an amended Petition. Plaintiff failed to file its Amended Petition within the time ordered by the court. On January 25, 2006, forty-four (44) days after the case was dismissed, and after the period for amendment had passed, Plaintiff filed its Amended Petition.
Defendant moved to dismiss the Amended Petition pursuant to Fla.R.Civ.P. 1.420(b), and also moved to dismiss the Amended Petition for failing to state a cause of action. The court finds that Plaintiff made no affirmative showing asto why the court should not dismiss the Amended Petition pursuant to Fla.R.Civ.P. 1.420(b), and the court grants Defendant’s Motion to Dismiss on that basis. In light of the court’s ruling, the additional argument set forth in Defendant’s Motion to Dismiss the Amended Petition is moot.
The court reserves jurisdiction to determine an entitlement to attorney’s fees and costs for the Defendant. [See 13 Fla. L. Weekly 1006c.]
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