Opinion
Case No: 2:19-cv-49-FtM-38MRM
02-20-2019
YANETSI COLLIER, Plaintiff, v. WRIGHT NATIONAL FLOOD INSURANCE COMPANY, Defendant.
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Before the Court is Defendant Wright National Flood Insurance Company's ("Wright") Motion to Dismiss Plaintiff's Florida Law Claims and Incorporated Memorandum of Law filed on February 4, 2019. (Doc. 7). Wright filed its Answer and Defenses that same day. (Doc. 8).
A motion to dismiss is improper once a responsive pleading has been filed. See Skritch v. Thornton, 280 F.3d 1295, 1306 (11th Cir. 2002). Thus, "[a]n Answer filed contemporaneously with the filing of a Motion to Dismiss renders the motion moot and makes it procedurally impossible for the Court to rule on the motion to dismiss." Smith v. Bank of Am., N.A., No. 2:11-CV-676-FTM-29, 2014 WL 897032, at *9 (M.D. Fla. Mar. 6, 2014) (citing Brisk v. City of Miami Beach, Fla., 709 F. Supp. 1146, 1147 (S.D. Fla. 1989) (internal quotation marks omitted)). Here, Wright filed its answer and affirmative defenses contemporaneously with its motion to dismiss. (Doc. 8). Therefore, the motion to dismiss will be denied as moot.
Accordingly, it is now
ORDERED:
Defendant Wright National Flood Insurance Company's Motion to Dismiss Plaintiff's Florida Law Claims and Incorporated Memorandum of Law (Doc. 7) is DENIED as moot.
DONE and ORDERED in Fort Myers, Florida this 20th day of February, 2019.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies: All Parties of Record