Legal Opinion

Duke & Benedict, Inc. v. Wolstein

District Court, M.D. Florida

Decided July 15, 1993No. 93-421-CIV-T-17APublishedCited by 3 opinions

1Opinion of the Court

ORDER ON PLAINTIFF’S MOTION TO AMEND ITS COMPLAINT AND TO REMAND THE ACTION TO STATE COURT

KOVACHEVICH, District Judge.

This cause comes before the Court on Plaintiff DUKE AND BENEDICT, INC.’s (D & B), motion to amend their complaint and remand to state court on the grounds of lack of diversity subject matter jurisdiction, filed April 13, 1992, Docket # 11 and memorandum in opposition, filed April 23, 1993, Docket # 13. The amended complaint seeks to add a count for rescission of a contract and join UNIVERSITY PARKWAY ASSOCIATES, LTD. (University) as a party defendant.

BACKGROUND

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2Cases cited11 opinions

  1. Carden v. Arkoma AssociatesSupreme Court of the United States · 1990
  2. Koster v. (American) Lumbermens Mutual Casualty Co.Supreme Court of the United States · 1947
  3. Ross v. BernhardSupreme Court of the United States · 1969
  4. Freeport-McMoRan Inc. v. K N Energy, Inc.Supreme Court of the United States · 1991
  5. Smith v. SperlingSupreme Court of the United States · 1957

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3Cited by3 opinions

  1. Lewis v. SeneffDistrict Court, M.D. Florida · 2009
  2. Dimick v. Estate of BarryDistrict Court of Appeal of Florida · 2001
  3. Timothy Pagliara, Individually and Derivatively on Behalf of Club Brittany at Park Shore, Inc. v. Dan DunganDistrict Court, M.D. Florida · 2025

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