25 Fla. L. Weekly Supp. 125a
Online Reference: FLWSUPP 2501SIDIInsurance — Settlement agreement — Subrogation action for damages arising from home water leak — Civil procedure — Failure of insurer to attach to complaint the insurance policy at issue — Motion to dismiss granted
UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY as subrogee of Francyne Sidi, Plaintiff, v. JOHN ARCELLA, MARIANNE ARCELLA and SUNRISE LAKES CONDOMINIUM PHASE 4, INC. 3, Defendants. Circuit Court, 17th Judicial Circuit in and for Broward County. Case No. CACE-16-016109. January 19, 2017. Judge Barbara McCarthy. Counsel: Bruce H. Schiller, Law Office of Yates & Schiller, P.A., Boca Raton, for Plaintiff. Robert M. Pickett, Jr., Law Offices of Jason L. Weissman, Hollywood; Niva M. Harney-Hiller, Hamilton, Miller & Birthisel, LLP, Miami, for Defendant.
[Editor’s Note: This report reflects handwritten changes reflected in order submitted to FLW Supplement.]
ORDER ON DEFENDANTS’ JOHN &MARIANNE ARCELLA MOTIONS TO DISMISS& TO ENFORCE SETTLEMENT AGREEMENT
THIS CAUSE having come before this Court, on January 19, 2017, on Defendants’ JOHN & MARIANNE ARCELLA Motions to Dismiss & to Enforce Settlement Agreement, having heard argument of counsel, and the Court being otherwise fully advised in the premises:
1. This was a subrogation action for damages arising from a home water leak, occurring on or about October 10, 2012.
2. Plaintiff filed its Complaint without attaching the subject policy of insurance it issued to its insured, Francyne Sidi.Fla. R. Civ. P. 1.130, FAILURE TOATTACH NECESSARY EXHIBIT
3. Defendants, JOHN ARCELLA and MARIANNE ARCELLA, filed a motion to dismiss arguing Plaintiff must attach to the Complaint the contract/policy of insurance upon which the action is based. A motion to dismiss is the appropriate motion to require such attachment. Fla. R. Civ. P. 1.130; Safeco Ins. Co. v. Ware, 401 So.2d 1129 (Fla. 4th DCA 1981).
4. Plaintiff has fifteen (15) days from entry of this Order to file a Second Amended Complaint attaching the subject policy of insurance.
It is hereby ORDERED AND ADJUDGED that:
Defendants’ Motion to Dismiss is GRANTED without prejudice.
