Plaintiff not allowed to Amend their Complaint to increase jurisdictional limits after Confession of Judgment

In this Orange County case, the Plaintiff was not allowed to amend their Complaint after Confession of Judgment was filed. After Plaintiff filed their original Complaint, the Florida Supreme Court ruled on how deductibles are to be applied to medical bills. The insurance carrier confessed judgment to the amount specified at issue in the original Complaint and the amount in Plaintiff’s Motion for Summary Judgment after receiving Plaintiff’s 57.105 Motion for Sanctions Safe Harbor Letter to Defendant. The 57.105 Motion for Sanctions demanded that Defendant confess judgment within the 21 day safe harbor period or Plaintiff would seek sanctions for continuing litigation. The carrier sent payment for the benefits and interest. After the Confession of Judgment, Plaintiff mailed back the payment for benefits and interest, and filed a Motion to Amend its Complaint to seek damages in the amount of 720.95 while Plaintiff’s original Complaint stated damages were in the amount of 120.95. Plaintiff wanted to amend their Complaint to argue deductible election. After hearing, Judge Dubois granted the Motion for Entry of Confessed Judgment. He found that once the Defendant confesses judgment, the trial court loses jurisdiction. The Defendant tendered the exact amount being sought by Plaintiff in its Motion for Summary Judgment. Plaintiff then appealed the judgment. The Circuit Court affirmed and would not entertain any motion for rehearing due to the Court’ imminent loss of jurisdiction. (Florida Hospital Medical Center a/a/o Brandon Moody v. Geico Indemnity Company, 2019-CV-000067-A-O)