Opinion

Amerisure Mutual Insurance Company v. Mammoth Constructors, LLC

Court
District Court, M.D. Florida
Filed
Feb 8, 2023
Cited by
0 cases
Authority
More cited than 19.9%

“Domicile is not synonymous with residence; one may temporarily reside in one location, yet retain domicile in a previous residence.”

How later courts described this case

  • “Domicile is not synonymous with residence; one may temporarily reside in one location, yet retain domicile in a previous residence.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

AMERISURE MUTUAL

INSURANCE COMPANY,

Plaintiff,

v. Case No.: 2:23-cv-67-SPC-NPM

MAMMOTH CONSTUCTORS,

LLC and BOARD OF COUNTY

COMMISSIONERS OF COLLIER

COUNTY,

Defendants.

/

ORDER1

Before the Court is Plaintiff Amerisure Mutual Insurance Company’s

Amended Complaint for a declaratory judgment stemming from an insurance

dispute. (Doc. 8). The Court dismissed the original complaint for lack of

subject matter jurisdiction. (Doc. 6). For the initial pleading, Plaintiff did not

show complete diversity because it did not identify the members of Defendant

Mammoth Constructors, LLC’s citizenships or domiciles. (Doc. 6). In

dismissing, the Court explained how Plaintiff could fix the jurisdictional

defects.

1 Disclaimer: Papers hyperlinked to CM/ECF may be subject to PACER fees. By using

hyperlinks, the Court does not endorse, recommend, approve, or guarantee any third parties

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responsible for a hyperlink’s functionality, and a failed hyperlink does not affect this Order.

Plaintiff has tried again. But the Amended Complaint still fails to show

complete diversity. The Amended Complaint alleges Mammoth has two

members, “Harold James Ordway” and “Kevin Gerard Rodrique (sic),” and lists

their personal addresses. (Doc. 8 at ¶ 2). But the addresses only establish the

members’ residencies—not their citizenships nor domiciles. See Molinos Valle

Del Cibao, C. por A. v. Lama, 633 F.3d 1330, 1341-42 (11th Cir. 2011)

(“Domicile is not synonymous with residence; one may temporarily reside in

one location, yet retain domicile in a previous residence.”). And residency is

not enough for diversity jurisdiction. Instead, a person’s citizenship is

determined by his “domicile,” or “the place of his true, fixed, and permanent

home and principal establishment . . . to which he has the intention of

returning whenever he is absent therefrom.” McCormick v. Aderholt, 293 F.3d

1254, 1257-58 (11th Cir. 2002); see also Rolling Greens MHP, L.P. v. Comcast

SCH Holdings L.L.C., 374 F.3d 1020, 1022 (11th Cir. 2004). Because the

Complaint still fails to plead complete diversity of the parties’ citizenship, the

Court must dismiss this action for lack of subject-matter jurisdiction.

Accordingly, it is now

ORDERED:

1. The Amended Complaint (Doc. 6) is DISMISSED without

prejudice.

2. The Clerk is DIRECTED to deny any pending motions as moot,

terminate any deadlines, and close the case.

DONE and ORDERED in Fort Myers, Florida on February 7, 20238.

,

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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