Venetia Condominium Association, Inc. v. Westchester Surplus Lines Insurance Company ( 2023 )


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  • USCA11 Case: 23-10747    Document: 21-1     Date Filed: 06/01/2023   Page: 1 of 2
    [DO NOT PUBLISH]
    In the
    United States Court of Appeals
    For the Eleventh Circuit
    ____________________
    No. 23-10747
    Non-Argument Calendar
    ____________________
    VENETIA CONDOMINIUM ASSOCIATION, INC.,
    Plaintiff-Appellant,
    versus
    WESTCHESTER SURPLUS LINES INSURANCE COMPANY,
    a Georgia Insurance Company,
    Defendant-Appellee.
    ____________________
    Appeal from the United States District Court
    for the Southern District of Florida
    D.C. Docket No. 1:22-cv-23030-JEM
    ____________________
    USCA11 Case: 23-10747      Document: 21-1     Date Filed: 06/01/2023     Page: 2 of 2
    2                      Opinion of the Court                 23-10747
    Before BRANCH and LUCK, Circuit Judges.
    PER CURIAM:
    Upon review of the record and the parties’ responses to the
    jurisdictional questions, Venetia Condominium Association, Inc.’s
    (“Venetia”) unopposed motion to amend its complaint is
    GRANTED. We deem the complaint amended to reflect that Ve-
    netia is a Florida corporation with its principal place of business in
    Florida. See 
    28 U.S.C. § 1653
    .
    The amended jurisdictional allegations now establish that
    the parties were diverse and that the district court had subject mat-
    ter jurisdiction over this action in the first instance. See 
    28 U.S.C. § 1332
    (a)(1) (providing that federal courts have subject matter ju-
    risdiction over civil actions between citizens of different states,
    where the amount in controversy exceeds $75,000); 
    Id.
     § 1332(c)
    (providing that a corporation is deemed a citizen of its state of in-
    corporation and the state where it has its principal place of busi-
    ness); Lincoln Prop. Co. v. Roche, 
    546 U.S. 81
    , 89 (2005) (explaining
    that for subject matter jurisdiction to exist under § 1332, there must
    be complete diversity of citizenship between all plaintiffs and all
    defendants). This appeal may therefore proceed.
    Venetia is DIRECTED to file in the district court a notice of
    this opinion and the amended complaint reflecting the amended
    jurisdictional allegations.
    

Document Info

Docket Number: 23-10747

Filed Date: 6/1/2023

Precedential Status: Non-Precedential

Modified Date: 6/1/2023