23 Fla. L. Weekly Supp. 857a
Online Reference: FLWSUPP 2308WILSInsurance — Complaint — Amendment to name correct insurer — Amended complaint is deemed filed on date of order granting motion to amend, not date of filing original complaint
CHIROPRACTIC CLINICS OF SOUTH FLORIDA, INC. a/a/o (THOMAS WILSON), Plaintiff, vs. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 15-1721 SP 24. December 16, 2015. Donald J. Cannava, Judge.
ORDER GRANTING PLAINTIFF’S MOTIONTO AMEND COMPLAINT
THIS CAUSE having come to be considered upon the Plaintiff’s Motion to Amend the Complaint to Correct Misnomer in the Title of the Pleadings and having heard argument of both parties at a hearing on December 12, 2015, reviewed previous communications between the parties on the issue in question, reviewed all submitted authority, relying on the authority and representations made at the hearing and being advised in the premises, it is hereby
ORDERED AND ADJUDGED as follows:
1. The Court GRANTS the Plaintiff’s Motion to Amend its Complaint, the Plaintiff’s First Amended Complaint shall be deemed filed as of the date of this Order and the Defendant shall hereinafter be UNITED SERVICES AUTOMOBILE ASSOCIATION.
2. The Court DENIES the Plaintiff’s request to allow the effective date of the Amended Complaint to be the date of the filing of the initial complaint.
3. The Plaintiff shall not be entitled to any attorneys’ fees associated with this matter prior to the date of this Order.
4. The Plaintiff shall file a Notice of Dismissal within five (5) days of the date of this Order, as to USAA Casualty Insurance Company as a party to this lawsuit.
5. Per the Defendant’s attorney’s representation at the hearing, service of process to United Services Automobile Association has been accepted without the need for additional service of the lawsuit.
6. All prior discovery served between the parties is moot unless otherwise agreed to by the parties.
7. United Services Automobile Association shall have twenty (20) days from date of this Order to respond to Plaintiff’s Amended Complaint.
8. The Defendant’s Motion for Summary Judgment is DENIED as moot.
