Legal Opinion

Arch Specialty Insurance Co. v. Kubicki Draper, LLP

District Court of Appeal of Florida

Decided March 26, 2014No. 4D12-3560PublishedCited by 7 opinions

1Opinion of the CourtCiklin, J.

The appellant (the plaintiff below), Arch Specialty Insurance Company (“Arch Specialty”), appeals the final summary judgment entered in favor of the appellee law firm Kubicki Draper, LLP (“Kubicki”), after the trial court denied Arch Specialty’s motion to amend its complaint to correct its name. We find the trial court erred in denying the motion to amend for two reasons. First, the mistake in the naming of the plaintiff was a misnomer and the parties were all aware of the true identity of the party bringing suit. Second, Kubicki’s summary judgment submissions show identities of interests…

2Cases cited13 opinions

  1. Winkelman v. TollDistrict Court of Appeal of Florida · 1994
  2. Cabot v. Clearwater Construction CompanySupreme Court of Florida · 1956
  3. Schwartz Ex Rel. Schwartz v. Wilt Chamberlain'sDistrict Court of Appeal of Florida · 1999
  4. Beltran v. Vincent P. Miraglia, M.D., P.A.District Court of Appeal of Florida · 2013
  5. Johnson v. Taylor Rental Center, Inc.District Court of Appeal of Florida · 1984

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3Cited by7 opinions

  1. Smith v. BrusterDistrict Court of Appeal of Florida · 2014
  2. HSBC Bank USA, National Ass'n v. KarzenDistrict Court of Appeal of Florida · 2015
  3. Singer v. SingerDistrict Court of Appeal of Florida · 2017
  4. Classical & Innovative Designs, Inc. v. Max South Construction, Inc.District Court of Appeal of Florida · 2016
  5. Eugene Smith v. Reginald BrusterDistrict Court of Appeal of Florida · 2014

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