23 Fla. L. Weekly Supp. 878a
Online Reference: FLWSUPP 2308JMILInsurance — Complaint — Amendment to name correct insurer
IMAGING CENTER OF WEST PALM BEACH, LLC a/a/o Juliette Miller, Plaintiff, v. UNITED SERVICES AUTOMOBILE ASSOCIATION AKA USAA, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COSO-15-001635, Division 62. July 23, 2015. Honorable Terri Ann Miller, Judge. Counsel: Andrew Shamis, Landau & Associates, P.A., Hallandale Beach, for Plaintiff. Scott W. Dutton, Dutton Law Group, P.A., Tampa, for Defendant.
ORDER AMENDING PLAINTIFF’S COMPLAINTTO ALLOW THE ADDITION OF USAA CASUALTYINSURANCE COMPANY AS DEFENDANT, DISMISSINGNAMED DEFENDANT UNITED SERVICESAUTOMOBILE ASSOCIATION WITH WAIVER OFRELATED ATTORNEY’S FEES, AND AMENDING STYLETO REFLECT THE AMENDMENT AND DISMISSAL
Plaintiff served its Initial Complaint on UNITED SERVICES AUTOMOBILE ASSOCIATION. However, Plaintiff’s Complaint named the wrong entity as the Defendant. The correct Defendant is a separate and distinct entity, USAA CASUALTY INSURANCE COMPANY. Because the wrong entity was named as the Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION moved for summary judgment asserting that Plaintiff named the wrong entity as the Defendant in this case. After becoming aware that it named the incorrect entity as the Defendant, the Plaintiff moved to amend its complaint by interlineation to add the correct defendant entity, USAA CASUALTY INSURANCE COMPANY.
After conferring the parties have agreed to this order dismissing UNITED SERVICES AUTOMOBILE ASSOCIATION and the Plaintiff and its counsel waive any and all attorney’s fees to date relating to that claim.
The Defendant agrees to the amendment of the Complaint to add USAA CASUALTY INSURANCE COMPANY as the named Defendant. Counsel of UNITED SERVICES AUTOMOBILE ASSOCIATION has agreed to accept service of process on behalf of USAA CASUALTY INSURANCE COMPANY.
The parties agree that because the wrong entity has been named as the Defendant, that the discovery served upon it is rendered moot and that new discovery will be served to the newly added Defendant.
WHEREFORE, IT IS ORDER AND ADJUDGED THAT:
· UNITED SERVICES AUTOMOBILE ASSOCIATION is hereby dismissed and shall go hence without day and the Plaintiff and its counsel shall not be entitled to attorney’s fees accrued to date relating to that claim;
· The Plaintiff shall serve an amended complaint within 20 days of this Order adding USAA CASUALTY INSURANCE COMPANY as the named Defendant and the style shall be amended accordingly;
· All prior discovery served between the parties is moot as it was served on or by the erroneously named Defendant;
· USAA CASUALTY INSURANCE COMPANY shall have twenty (20) days from the service of the amended complaint to respond to Plaintiff’s Amended Complaint.
