ESTATE OF WALTER EDWARD ESTERLINE, ET AL., PETITIONER,
v.
AVANTE AT LEESBURG, INC., ET AL., RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Estate of Walter Edward Esterline sought certiorari review of a trial court's order denying the personal representative's motion to amend the complaint to add a claim for punitive damages. The Fifth District Court of Appeal denied the petition, holding that certiorari review is not available to plaintiffs challenging the denial of punitive damages claims because they have an adequate remedy through appeal at the conclusion of the case.
Certiorari review is not available to a plaintiff challenging the denial of a punitive damages claim, provided the trial court has complied with the procedural requirements of section 768.72. A plaintiff has an adequate remedy through appeal at the conclusion of the case, whereas a defendant has a statutory right to certiorari review to prevent wrongful disclosure of confidential financial information.
[1] Certiorari review is not available to a plaintiff whose claim for punitive damages has been denied by the trial court, provided the court complied with the procedural req…
[2] A plaintiff denied the right to pursue a punitive damages claim may obtain relief by way of appeal at the conclusion of the case.
Previewing 2 of 4 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“[Section 768.72] creates for defendants "a substantive legal right not to be subject to a punitive damages claim and ensuing financial worth discovery until the trial court makes a determination that there is a reasonable evidentiary basis for recovery of punitive damages."”
Establishes the statutory protection defendants have under section 768.72 and the asymmetry between defendant and plaintiff rights in the punitive damages context.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceWalter Esterline resided in a nursing home operated by Avante At Leesburg, Inc. and AG Holdings, Inc. Mariann Lindsay, as Personal Representative of E…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Financial Worth Discovery cases and more on FLexlaw
ORFINGER, J.
Mariann Lindsay, Personal Representative of the Estate of Walter Edward Es-terline, seeks certiorari review of an order denying her motion to amend her complaint to add a claim for punitive damages. We deny the petition.
Lindsay filed suit against Avante At Leesburg, Inc. and AG Holdings, Inc. (collectively “Avante”), the operators of a nursing home where Walter Esterline resided, asserting claims for (1) the alleged deprivations or infringements of Ester-line’s rights under Chapter 400, Florida Statutes, (2) negligence, and (3) wrongful death. Each claim alleged that Avante failed to provide adequate and appropriate health care to Esterline while he was a resident. After significant discovery, Lindsay filed a motion, later amended, pursuant to section 768.72, Florida Statutes (1999), seeking to assert a claim for punitive damages against Avante. The trial court denied Lindsay’s motion concluding that no evidentiary basis existed to support a claim for punitive damages.
We deny the petition because Lindsay has an adequate remedy on appeal at the conclusion of the case. We conclude that certiorari review is not available to a plaintiff where, as here, the trial court has denied the plaintiffs claim for punitive damages, provided that the court has complied with the procedural requirements of section 768.72. As the court said in Sloan v. Toler, 778 So. 2d 1094 (Fla. 3d DCA 2001):
[Section 768.72] creates for defendants “a substantive legal right not to be sub ject to a punitive damages claim and ensuing financial worth discovery until the trial court makes a determination that there is a reasonable evidentiary basis for recovery of punitive damages.” Globe Newspaper Co. v. King, 658 So. 2d 518, 519 (Fla.1995). If the defendant is wrongfully subjected to discovery of otherwise confidential financial information, the cat is out of the bag and appeal at the conclusion of the case will not provide an adequate remedy. Id. at 520 (“a plenary appeal cannot restore a defendant’s statutory right under section 768.72 to be free of punitive damages allegations in a complaint until there is a reasonable showing by evidence in the record or proffered by the claimant.”). A plaintiff, by contrast, does not have a corresponding right to certiorari review in this context. If the trial court erroneously strikes the plaintiffs punitive damages claim on account of section 768.72, the trial court’s ruling does not result in the disclosure of any protected confidential information. If the trial court erroneously prohibits a punitive damages claim, the plaintiff may obtain relief by way of appeal at the conclusion of the case.
Id. at 1095 (citation omitted).
We also conclude that the trial court’s order does not depart from the essential requirements of law. The trial court followed the procedural requirements of section 768.72. That statute expressly permits the court to determine if a plaintiff has made a “reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery” of punitive damages. § 768.72(1), Fla. Stat. (1999). That is precisely what the trial court did here. See Munroe Reg’l Health Sys., Inc. v. Estate of Gonzales, 795 So. 2d 1133 (Fla. 5th DCA 2001).
For the stated reasons, certiorari is denied.
CERTIORARI DENIED.
MONACO and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Noack v. Blue Cross & Blue Shield OF Fla., Inc., 872 So. 2d 370 (Fla. 1st DCA 2004)…on 768.72 were not followed, and in any event, certio-rari is not available to review the denial of a motion to add a claim for punitive damages because an adequate remedy exists by way of appeal. See Estate of Esterline v. Avante at Leesburg, Inc., 845 So. 2d 1028 (Fla. 5th DCA 2003); Sloan v. Toler, 778 So. 2d 1094 (Fla. 3d DCA 2001). Alternatively, petitioners seek mandamus relief to compel the trial court to grant their motion, asserting that its ruling is contrary to the law of the case as established i…
-
High Five Prods., Inc. v. James "skip" Riddle (Fla. 2d DCA 2019)…78 So. 2d 1094, 1095 (Fla. 3d DCA 2001) ("If the trial court erroneously prohibits a punitive damages claim, the plaintiff may obtain relief by way of appeal at the conclusion of the case."); see also Estate of Esterline v. Avante at Leesburg, Inc., 845 So. 2d 1028, 1029-30 (Fla. 5th DCA 2003) (adopting Sloan and denying certiorari regarding an order denying plaintiff's motion to amend complaint to add a claim for punitive damages). Accordingly, the petition is dismissed. Petition dismissed. MORRIS, BLACK, an…
Authorities Cited
- Globe Newspaper Co. v. King, 658 So. 2d 518 (Fla. 1995)
- Munroe Reg'l Health Sys., Inc. v. The Est. OF Gustl J. Gonzales, 795 So. 2d 1133 (Fla. 5th DCA 2001)
- Sloan v. Toler, 778 So. 2d 1094 (Fla. 3d DCA 2001)