RIVERA v. GOLFVIEW GOLF & RACQUET CLUB COMMUNITY ASSOCIATION INC., 2:14-cv-718-FtM-38DNF. (2015)
Court: District Court, M.D. Florida
Number: infdco20150129e48
Visitors: 11
Filed: Jan. 28, 2015
Latest Update: Jan. 28, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter is before the Court on Defendants Golfview Golf & Racquet Community Association, Inc. and Dennis Catoe's Motion to Dismiss Complaint With Prejudice ( Doc. #8 ) filed on January 5, 2015. Plaintiff Daisy Rivera thereafter filed an Amended Complaint on January 26, 2015. ( Doc. #16 ; Doc. #14). Since the Amended Complaint is now the operative pleading in this action, the Court denies Defendants' Motion to Dismiss Complaint as moot. See
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter is before the Court on Defendants Golfview Golf & Racquet Community Association, Inc. and Dennis Catoe's Motion to Dismiss Complaint With Prejudice ( Doc. #8 ) filed on January 5, 2015. Plaintiff Daisy Rivera thereafter filed an Amended Complaint on January 26, 2015. ( Doc. #16 ; Doc. #14). Since the Amended Complaint is now the operative pleading in this action, the Court denies Defendants' Motion to Dismiss Complaint as moot. See ..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter is before the Court on Defendants Golfview Golf & Racquet Community Association, Inc. and Dennis Catoe's Motion to Dismiss Complaint With Prejudice (Doc. #8) filed on January 5, 2015. Plaintiff Daisy Rivera thereafter filed an Amended Complaint on January 26, 2015. (Doc. #16; Doc. #14). Since the Amended Complaint is now the operative pleading in this action, the Court denies Defendants' Motion to Dismiss Complaint as moot. See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1345 n.1 (11th Cir. 1999) (noting, "[a]n amended complaint supersedes an original complaint" (citation omitted)).
Accordingly, it is now
ORDERED:
Defendants Golfview Golf & Racquet Community Association, Inc. and Dennis Catoe's Motion to Dismiss Complaint With Prejudice (Doc. #8) is DENIED as moot.
DONE and ORDERED.
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Source: Leagle
