27 Fla. L. Weekly Supp. 1036b

Online Reference: FLWSUPP 2712MASSInsurance — Complaint — Amendment — Where insurer confessed judgment based on jurisdictional limits in original complaint, court lacks jurisdiction to grant medical provider’s motion to amend complaint to increase amount in controversy

ADVANCED 3D DIAGNOSTICS INC. a/a/o Willie Massey, Plaintiff, v. GEICO GENERAL INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2016-SC-004899-O. November 13, 2019. Eric H. DuBois, Judge. Counsel: Tricia Neimand, Jason B. Giller, P.A., Miami, for Plaintiff. Jennell Loper, Law Office of Kelly L. Wilson, Orlando, for Defendant.

ORDER ON PLAINTIFF’S MOTIONFOR LEAVE TO AMEND

This cause came on for consideration by the undersigned on the Plaintiff’s Motion for Leave to Amend, a hearing was held November 8, 2019, and the court having heard argument and considered the motion the Court finds:

1. The Defendant filed its Notice of Confession of Judgment based on the jurisdictional limits of the Plaintiff’s complaint on April 2, 2018.

2. Immediately after the Notice of Confession of Judgment was filed, the Plaintiff filed its Motion to Tax Fees and Costs on April 4, 2018.

3. The Plaintiff then on June 28, 2018 filed its Motion for Leave to Amend to increase the amount in controversy to exceed the amount paid by the confession.

4. The Plaintiff then set its Motion to Tax Fees and Costs for Hearing which was eventually cancelled just prior to the Hearing.

5. The Plaintiff in its Motion to Tax Fees and Costs, stated that as a result of the Defendants Confession of Judgment all issues were resolved with the exception of attorney fees and costs.

6. The Court relies on Geico Cas. Co. v. Barber, 147 So. 3d 109 (Fla. 5th DCA 2014) [39 Fla. L. Weekly D1727a], which held that upon a confession of judgment, the trial court lost jurisdiction.

ORDERED AND ADJUDGED:

The Plaintiff’s Motion for Leave to Amend Complaint is Denied.