25 Fla. L. Weekly Supp. 668b
Online Reference: FLWSUPP 2507KJOSInsurance — Complaint — Amendment — Correction of name of defendant insurer
WEST HOLLYWOOD PAIN & REHABILITATION a/a/o Kyla Durant Joseph, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant. Counsel Court, 17th Judicial Circuit in and for Broward County. Case No. 17-004711 COCE, Division 50. September 19, 2017. Mardi Levey Cohen, Judge.
AGREED ORDER SUBSTITUTING SERVICE UPONGARRISON PROPERTY AND CASUALTY INSURANCECOMPANY, DISMISSING USAA CASUALTY INSURANCECOMPANY AND WAIVER OF RELATED ATTORNEY’S FEES
Plaintiff served its Initial Complaint upon USAA CASUALTY INSURANCE COMPANY. However, upon stipulation that the correct Defendant is GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY, the parties have agreed that Plaintiff will voluntarily dismiss USAA CASUALTY INSURANCE COMPANY and waive any and all attorney’s fees up through and including the date of this Order. Defense counsel has agreed to accept service on behalf of the correct entity, GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY.
WHEREFORE, IT IS ORDERED AND ADJUDGED THAT:
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USAA CASUALTY INSURANCE COMPANY is hereby dismissed and shall go hence without day and the Plaintiff and its counsel shall not be entitled to attorney’s fees accrued up through and including the date of this Order relating to the underlying insurance claim;
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Service upon GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY shall be deemed perfected as of the date of this Order and the case style shall be amended accordingly;
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All prior discovery served between the parties is moot as it was served on or by the erroneously named Defendant;
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Plaintiff shall file an Amended Complaint within five (5) days of the date of this Order.
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GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY shall then have twenty (20) days from the date of this Order to respond to Plaintiff’s Amended Complaint.
