22 Fla. L. Weekly Supp. 1062a

Online Reference: FLWSUPP 2209SAMSInsurance — Complaint — Amendment — Leave to amend complaint to correct misnomer in characterization of plaintiff is granted where amendment does not seek to add new party or cause of action

CALLAHAN CHIROPRACTIC A/A/O KATHY SAMSON, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendants. County Court, 4th Judicial Circuit in and for Nassau County. Case No. 2014-SC-35. March 25, 2015. Wesley R. Poole, Judge. Counsel: Melissa Weiner, Shuster & Saben, Jacksonville, for Plaintiff. David Gagnon, Taylor, Day, Grimm & Boyd, Jacksonville, for Defendant.

ORDER ON PLAINTIFF’S MOTION FOR LEAVETO FILE AMENDED COMPLAINT

This matter came on to be heard on the Plaintiff’s Motion for Leave to File an Amended Complaint, and the Court being having heard the argument of counsel and being advised, finds as follows:

Plaintiff’s Motion seeks to amend its Complaint to properly identify the plaintiff herein as DANIEL R. WEAVER, D.C., P.A., d/b/a CALLAHAN CHIROPRACTIC CLINIC. The Court finds that Plaintiff’s Motion to Amend seeks to correct what is a misnomer or defect in the characterization of the plaintiff, and does not seek to introduce a new party to the litigation or state a new cause of action; see, e.g., Cabot v. Clearwater Construction Company, 89 So.2d 662 (Fla. 1956); Ron’s Quality Towing, Inc., v. Southeastern Bank of Florida, 765 So.2d 134 (Fla. 1st DCA 2000) [25 Fla. L. Weekly D1497c]; HSBC BANK USA, NATIONAL ASSOCIATION, v. Karen K. KARZEN, et al., 40 Fla. L. Weekly D530a, ___ So.3d ___, (Fla. 1st DCA, Feb. 26, 2015).

Accordingly, it is

ORDERED,

1. That Plaintiff’s Motion for Leave to File Amended Complaint be, and the same is, hereby, GRANTED.

2. Plaintiff’s Amended Complaint, as attached to Plaintiff’s Motion, shall be deemed as filed herein.

3. Defendant shall have twenty (20) days to answer the Amended Complaint.

4. The style of this case shall be amended to be consistent with Plaintiff’s Amended Complaint.

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