21 Fla. L. Weekly Supp. 935a
Online Reference: FLWSUPP 2109RILEInsurance — Complaint — Amendment — Motion for leave to amend complaint to reflect entirely different party is denied
DAMAGE CONTROL, INC., (a/a/o Riley, Paula), Plaintiff, vs. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2012-CC-9784-O. April 29, 2014. A. James Craner, Judge.
ORDER ON PLAINTIFF’S MOTION FORSTATUS CONFERENCE, PLAINTIFF’S MOTIONTO LEAVE TO AMEND COMPLAINT,DEFENDANT’S MOTION FOR PROTECTIVEORDER AND DEFENDANT’S OBJECTION TOPLAINTIFF’S REQUEST FOR DEPOSITION DATES
This matter having come before the Court on the Plaintiff’s Motion for Status Conference, Plaintiff’s Motion to Leave to Amend Complaint, Defendant’s Motion for Protective Order and Defendant’s Objection to Plaintiff’s Request For Deposition Dates and the Court having reviewed the Court file and being otherwise duly advised, the Court hereby:
ORDERS AND ADJUDGES:
1). The status conference in the case sub judice was set for the Court to rule on the plaintiff’s motion to amend the complaint, in addition to one other motion and an objection to a request for deposition dates.
2). The Court hereby DENIES the plaintiff’s motion to amend the complaint based upon Fla. R.Civ.P. 1.260, finding that the amendment of the complaint to reflect an entirely different party, involves neither the death of a named party, the incompetency of a named party, a transfer of interest of a named party, or death or separation of a public officer, a party to said suit. See: One Call Property Services, Inc. vs. USAA Casualty Insurance Company, 31 2012 cc 1566 (Indian River County Court, May 2013) [20 Fla. L. Weekly Supp. 829b] and Dr. Alan Freedman A/A/O Wensdaille Barr vs. USAA General Indemnity Company, 11-8865 COCE 56 (Broward County Court, November, 2011).
3). The protective order sought by the defendant is hereby GRANTED; the defendant’s objection to deposition dates is duly noted.
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