BLEAU STEPHANOS, PETITIONER,
v.
RICHARD CHARLES PAINE, RESPONDENT
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The Fourth District Court of Appeal quashed a trial court's order denying a motion to dismiss a complaint that improperly asserted punitive damages without first obtaining statutory leave of court. The court held that Florida Statute section 768.72 requires defendants to obtain formal leave from the trial court before amending a complaint to include punitive damages claims, and any punitive damages allegations made without such leave must be dismissed.
A plaintiff must obtain leave from the trial court before amending a complaint to assert punitive damages, at which point the court must determine whether there is a reasonable basis for recovery of punitive damages. Any punitive damages claim alleged prior to obtaining leave of court must be dismissed or stricken, regardless of whether the plaintiff subsequently files supporting affidavits or evidentiary materials.
[1] A plaintiff must obtain leave from the trial court to amend a complaint to assert a claim for punitive damages.
[2] Before punitive damages may be asserted, the trial court must determine that there is a reasonable basis for the recovery of such damages.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“to comply with the statute's requirements, a plaintiff must obtain leave from the trial court to amend the complaint before punitive damages may be asserted. At that point, the trial court must make a determination that there is a reasonable basis for the recovery of punitive damages.”
Establishes the mandatory two-step procedure required by section 768.72: first obtaining leave, then the court making a threshold determination of reasonable basis.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRespondent Paine filed a second amended complaint claiming punitive damages without first obtaining leave of court as required by Florida Statute sect…
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WARNER, J.
Contrary to the provisions of section 768.72, Florida Statutes (1997), the respondent filed a second amended complaint claiming punitive damages without first obtaining leave of court. When the petitioner moved to dismiss the complaint for failure to follow the statutory procedures, the trial court denied the motion, believing there was no need to go through the formality of an evidentiary hearing when the respondent had filed an affidavit supporting his claim. In this ruling, the trial court departed from the essential requirements of law. See Simeon, Inc. v. Cox, 671 So. 2d 158, 160 (Fla.1996); Mayer v. Frank, 659 So. 2d 1254, 1255 (Fla. 4th DCA 1995); see also WFTV, Inc. v. Hinn, 705 So. 2d 1010, 1011 (Fla. 5th DCA 1998). As the supreme court stated in Simeon:
[i]n this case, the plaintiffs did not comply with the procedures of this section. We agree with Judge Peterson’s dissent that to comply with the statute’s requirements, a plaintiff must obtain leave from the trial eourt to amend the complaint before punitive damages may be asserted. At that point, the trial court must make a determination that there is a reasonable basis for the recovery of punitive damages. Simeon, 655 So. 2d at 159 (Peterson, J., dissenting); see also Kraft General Foods, 635 So. 2d at 110. It was inconsequential that the trial eourt in this case subsequent^ ly held a hearing on the motions to dismiss and to strike: any punitive damages claim alleged prior to a party asking for and receiving leave of the court must be dismissed or stricken. See id.
671 So. 2d at 160. The petition for writ of certiorari is granted, and the order denying the motion to dismiss is quashed. The second amended complaint is dismissed with leave to move the court to amend the original complaint to assert a claim for punitive damages in accordance with the procedure of section 768.72.
GUNTHER and HAZOURI, JJ., concur.
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Hall v. Lexington Ins. Co., 895 So. 2d 1161 (Fla. 4th DCA 2005)…s a plaintiff to make an initial showing by evidence in the record or proffered by the claimant that would provide a reasonable basis for recovery of such damages. See Simeon, Inc. v. Cox, 671 So. 2d 158, 160 (Fla.1996); see also Stephanos v. Paine, 727 So. 2d 1075, 1076 (Fla. 4th DCA 1999); WFTV, Inc. v. Hinn, 705 So. 2d 1010, 1011 (Fla. 5th DCA 1998). To comply with the requirements of the statute, a plaintiff must obtain leave from the trial court to amend the complaint before punitive damages may be assert…
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Munroe Reg'l Health Sys., Inc. v. The Est. OF Gustl J. Gonzales, 795 So. 2d 1133 (Fla. 5th DCA 2001)…e certiorari jurisdiction to determine whether there is sufficient evidence to allow a punitive claim. Ortega v. Silva, 712 So. 2d 1148 (Fla. 4th DCA 1998). See also Globe Newspaper Co. v. King, 658 So. 2d 518 (Fla.1995). Compare Stephanos v. Paine, 727 So. 2d 1075 (Fla. 4th DCA 1999) (trial court departed from essential requirements of law by failing to dismiss amended complaint claiming punitive damages filed without first obtaining leave of court). The trial court followed the procedural requirements of s…
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DELTA Health Grp., Inc. v. Jackson, 798 So. 2d 857 (Fla. 5th DCA 2001)…nt evidence to allow a punitive claim. See Munroe Regional Health Systems, Inc. v. Estate of Gustl J. [*858] Gonzales, 795 So. 2d 1133 (Fla. 5th DCA 2001). See also, Globe Newspaper Co. v. King, 658 So. 2d 518 (Fla.1995). Compare Stephanos v. Paine, 727 So. 2d 1075 (Fla. 4th DCA 1999) (trial court departed from essential requirements of law by failing to dismiss amended complaint claiming punitive damages filed without first obtaining leave of court). Section 768.72 states, “[i]n any civil action, no claim fo…
Authorities Cited
- Simeon, Inc. v. COX, 671 So. 2d 158 (Fla. 1996)
- Mayer v. Frank, 659 So. 2d 1254 (Fla. 4th DCA 1995)
- WFTV, Inc. v. Hinn, 705 So. 2d 1010 (Fla. 5th DCA 1998)