Venetia Condominium Association, Inc. v. Westchester Surplus Lines Insurance Company

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 23-10747
Non-Argument Calendar
____________________
VENETIA CONDOMINIUM ASSOCIATION, INC.,
Plaintiff-Appellant,
versus
WESTCHESTER SURPLUS LINES INSURANCE COMPANY,
a Georgia Insurance Company,
Defendant-Appellee.
____________________
Appeal from the United States District Court
for the Southern District of Florida
D.C. Docket No. 1:22-cv-23030-JEM
____________________
USCA11 Case: 23-10747 Document: 21-1 Date Filed: 06/01/2023 Page: 1 of 2

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2 Opinion of the Court 23-10747
Before BRANCH and LUCK, Circuit Judges.
PER CURIAM:
Upon review of the record and the parties’ responses to the
jurisdictional questions, Venetia Condominium Association, Inc.’s
(“Venetia”) unopposed motion to amend its complaint is
GRANTED. We deem the complaint amended to reflect that Ve-
netia is a Florida corporation with its principal place of business in
Florida. See 28 U.S.C. § 1653.
The amended jurisdictional allegations now establish that
the parties were diverse and that the district court had subject mat-
ter jurisdiction over this action in the first instance. See 28 U.S.C.
§ 1332(a)(1) (providing that federal courts have subject matter ju-
risdiction over civil actions between citizens of different states,
where the amount in controversy exceeds $75,000); Id. § 1332(c)
(providing that a corporation is deemed a citizen of its state of in-
corporation and the state where it has its principal place of busi-
ness); Lincoln Prop. Co. v. Roche, 546 U.S. 81, 89 (2005) (explaining
that for subject matter jurisdiction to exist under § 1332, there must
be complete diversity of citizenship between all plaintiffs and all
defendants). This appeal may therefore proceed.
Venetia is DIRECTED to file in the district court a notice of
this opinion and the amended complaint reflecting the amended
jurisdictional allegations.
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