19 Fla. L. Weekly Supp. 218b
Online Reference: FLWSUPP 1903SILVInsurance — Complaint — Motion to amend complaint to correct typographical error is granted and motion for summary judgment based solely on that error is denied
SILVER HILLS HEALTH & REHAB CLINIC INC, Plaintiff(s), vs. LIBERTY MUTUAL INSURANCE COMPANY, Defendant(s). County Court, 9th Judicial Circuit in and for Orange County. Case No. 2010-CC-012864-O. August 26, 2011. Deborah B. Ansbro, Judge. Counsel: Randall B. Bishop, Anthony-Smith Law, P.A., Orlando, for Plaintiff. Thomas Eugene Spencer, Law Office of Gleen G. Gomer, Tampa, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTIONTO AMEND COMPLAINT, DENYINGDEFENDANT’S MOTION FOR SUMMARYJUDGMENT, AND CANCELLING HEARING(S)SET FOR SEPTEMBER 1, 2011, HEARING
This cause having come before this court on Plaintiff’s Motion to Amend Complaint, and the Court having reviewed the file and being fully advised in the premises, it is
ORDERED and ADJUDGED as follows:
(1) Plaintiff’s Motion to Amend Complaint is Granted, and the Amended Complaint attached to said motion shall be deemed filed as of the date of this order.
(2) Defendant shall have 20 days in which to file a response to the Amended Complaint.
(3) As to Defendant’s objection to the manner in which Plaintiff’s counsel scheduled the hearing on its pending motion to amend, the court notes that Plaintiff’s counsel conferred with Defendant’s counsel’s office which is the requirement for coordinating hearing time. The possibility that Defendant’s counsel and his staff were not on the same page as to the scheduling of a simple motion to amend hearing in this matter is not the fault of either Plaintiff or its counsel. The court further notes that Plaintiff’s motion to amend and proposed amended complaint were filed on August 1, 2011, with the hearing being coordinated between that date and the date of service of the Notice of Hearing on August 3. Defendant’s Motion for Summary Judgment was served and filed thereafter. The court would further caution that service via facsimile service is not an accepted or permissible form of service under the Florida Rules of Civil Procedure.
(4) Based on the granting of Plaintiff’s motion to amend the complaint, and the typographical error contained in the complaint and so amended being the sole basis for Defendant’s motion for summary judgment, Defendant’s Motion for Summary Judgment is hereby DENIED.
(5) The hearings set for September 1, 2011, at 10:00 a.m. and 10:15 am. on the motions disposed of herein are hereby cancelled.
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