September 29, 2023Share
Kelley Kronenberg Triumph on Motion to Dismiss Leading to Plaintiff’s Dismissal of the Case
Kelley Kronenberg Practice Group Partner, Christian Williams, successfully obtained a favorable ruling on the Defendant’s Motion to Dismiss, leading to Plaintiff’s dismissal of the case with prejudice.
The case centered around a Hurricane Irma insurance claim. The initial lawsuit had been filed before the statute of limitations expired but with an incorrect name of the Defendant. Subsequently, the complaint was amended and refiled; however, it was served after the statute of limitations had already run its course. Additionally, the Plaintiff omitted the required presuit Notice of Intent.
Due to the Amended Complaint being served after the statute of limitations deadline, the case was dismissed. The Amended Complaint did not relate back to the original complaint, leading to a determination that the suit had been served after the statute of limitations had expired.
Although the Plaintiff had sought damages related to a $75,257.49 estimate, the case was ultimately dismissed with prejudice during the hearing on the Defendant’s Motion to Dismiss.
This outcome highlights Christian Williams’ commitment to diligently defending our clients’ interests and ensuring that legal processes are followed correctly.