Venetia Condominium Association, Inc. v. Westchester Surplus Lines Insurance Company
Venetia Condominium Association, Inc. v. Westchester Surplus Lines Insurance Company
Opinion
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[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 23-10747 Non-Argument Calendar ____________________ VENETIA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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.