Opinion
Case No. 2:06-cv-60-FTM-29DNF.
February 20, 2006
OPINION AND ORDER
This matter comes before the Court on defendant's Motion to [sic] for a More Definite Statement or, in the Alternative, Motion [to] Dismiss Plaintiff's Complaint (Doc. #1), filed on February 6, 2006. Plaintiff filed a Response (Doc. #6) on February 9, 2006.
The Complaint (Doc. #3) was originally filed in state court on December 28, 2005, and removed by Notice of Removal (Doc. #2) on February 3, 2006, on the basis of diversity jurisdiction. Plaintiff seeks relief pursuant to Fla. Stat. § 624.155 in the one count Complaint. The Court agrees with defendant that, to the extent the Complaint is attempting to set forth separate legal claims for relief, there should be separate counts in order to facilitate the clear presentation of the matters. The other legal issues raised by defendant need not be decided unless the amended complaint gives rise to such issues. Additionally, the amended complaint may impact the amount in controversy and therefore the court's jurisdiction.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
1. Defendant's Motion to for a More Definite Statement or, in the Alternative, Motion Dismiss Plaintiff's Complaint (Doc. #1) is DENIED as to the Motion for More Definite Statement and is GRANTED as to the Motion to Dismiss. Plaintiff's Complaint (Doc. #3) is dismissed without prejudice.
2. Plaintiff's request for leave to file an Amended Complaint, contained in his Response (Doc. #6) is GRANTED. Plaintiff may file an Amended Complaint within TWENTY (20) DAYS of the date of this Opinion and Order.
DONE AND ORDERED.