28 Fla. L. Weekly Supp. 479c
Online Reference: FLWSUPP 2806DIRE
Insurance — Declaratory actions — Complaint seeking advisory opinion on appropriateness of rescission of policy after policy was rescinded dismissed for lack of jurisdiction and for failure to state cause of action
DIRECT GENERAL INSURANCE COMPANY, Plaintiff, v. TIFFANY JUWANA PRITCHETT, ALEX LAMAR HAMLER, ROCHELLE YVETTE WATSON, SHANISE LASHA CLACK, NEHEMIAH PRITCHETT, TALLAHASSEE MEDICAL CENTER INC., d/b/a CAPITAL REGIONAL MEDICAL CENTER, UNIVERSITY PHYSICAL MEDICINE, INC., NICHOLAS W. BELLETTO D.C., P.A., PARAGON EMERGENCY SERVICES, LLC, NOVA ORTHO AND SPINE, PLLC, STAND-UP MRI OF TALLAHASSEE, P.A., and GEICO INDEMNITY COMPANY, Defendant. Circuit Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2019-CA-007525. July 22, 2020. Bruce R. Anderson, Jr., Judge. Counsel: William J. McFarlane, Coral Springs, for Plaintiff. William S. England, Chad Barr Law, Altamonte Springs, for Defendant.
ORDER ON DEFENDANT TIFFANY JUWANAPRITCHETT’S MOTION TO DISMISS
THIS MATTER came before the Court on Defendant, Tiffany Juwana Pritchett’s (“Defendant”) Motion to Dismiss, and being considered by the Court and otherwise being fully advised of the premises; it is hereby ORDERED AND ADJUDGED that:
1. Defendant’s Motion to Dismiss Plaintiff’s Complaint for Declaratory Judgment is hereby Granted in part and Denied in part.
2. The Court denies Defendant’s Motion to Dismiss on the basis of venue, without prejudice.
3. The Court grants Defendant’s Motion to Dismiss on the basis of jurisdiction and failure to state a cause of action without prejudice. The Complaint fails to set forth a jurisdictional allegation that would properly place this matter before this Court. The Court finds that the Plaintiff’s complaint, in effect, seeks an advisory opinion regarding the appropriateness of Plaintiff’s rescission of the policy of insurance after the policy was unilaterally rescinded by Plaintiff.
4. Plaintiff shall have thirty (30) days from July 14, 2020 to file an Amended Complaint. If Plaintiff files an Amended Complaint, Defendant shall have thirty (30) days from service to respond to Plaintiff’s Amended Complaint.
