SURREY PLACE OF OCALA ETC., ET AL., PETITIONERS,
v.
GLADYS GOODWIN, ETC., RESPONDENT
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The trial court did not err in granting leave to amend a complaint to add a punitive damages claim without conducting an oral hearing, as the statute does not mandate one.
[1] A trial court may grant leave to amend a complaint to add a claim for punitive damages upon a review of the parties' filings and supporting documents, without conducting…
[2] Section 768.72, Florida Statutes, requires a trial judge to determine there is a reasonable evidentiary basis to recover punitive damages before allowing such a claim.
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Join FLexlaw to unlock all legal intelligencePetitioners sought certiorari to quash a trial court order allowing a punitive damages claim. The trial court granted the motion to amend based on ext…
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GRIFFIN, J.
Petitioners, Surrey Place of Ocala Partnership, L.B. Properties, Inc., J.L.D. Partnership and William P. Crain [“Surrey Place”], have petitioned this court for a writ of certiorari to quash an order of the trial court permitting the respondent to state a claim for punitive damages in the suit below arising out of a claim of injury to a resident of an assisted living facility operated by Surrey Place. Surrey Place contends that the trial court erred in failing to conduct a hearing prior to entry of its order granting the respondent’s motion for leave to amend its complaint to add the punitive damage claim.
The motion giving rise to the order on review consisted of some twenty-five pages of analysis and argument along with a series of depositions, exhibits and other record materials. It was also accompanied by the affidavit of a registered nurse. Some thirty days after it was filed, Surrey Place filed a detailed and thorough response of approximately the same length, provided an affidavit of a physician and filed numerous medical records in an effort to undermine the respondent’s punitive damage proffer. Under section 768.72, Florida Statutes, the trial judge was charged with determining that there was a reasonable evidentiary basis to recover punitive damages. On September 11, 2003, the trial court entered its order granting the motion. In it, the court identified the aforementioned filings of the parties and indicated that its decision to grant the motion is “[biased upon a review of the file and the respective documents filed by each party.” The judge also observed that a hearing on the motion, even if permissible, was not mandated by statute.
Based on the foregoing, we find no merit to the petitioner’s claim that the trial court failed to follow the procedural requirements of Section 768.72 or has failed to afford Surrey Place procedural due process. See Solis v. Calvo, 689 So. 2d 366, 368 (Fla. 3d DCA 1997); Strasser v. Yalamanchi 677 So. So. 2d 22 (Fla. 4th DCA 1996).
PETITION DENIED.
THOMPSON and TORPY, JJ., concur.
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Est. OF Beulah Despain v. Avante Grp., Inc., 900 So. 2d 637 (Fla. 5th DCA 2005)…utinized under the pertinent evidentiary rules, as in a trial, is neither contemplated nor mandated by the statute in order to determine whether a reasonable basis has been established to plead punitive damages. See Surrey Place of Ocala v. Goodwin, 861 So. 2d 1291 (Fla. 5th DCA 2004) (holding that a hearing on a motion to amend to allege punitive damages is not necessary); Solis v. Calvo, 689 So. 2d 366, 369 n. 2 (Fla. 3d DCA 1997) (“Pursuant to Florida Statute section 768.72 (1995), a punitive damage claim c…
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WG Evergreen Woods SH, LLC v. Julie A. Fares in the Estate of Donald L. Devore, 207 So. 3d 993 (Fla. 5th DCA 2016)…nt Company, LLC; Ventas Senior Housing, LLC, Ventas AOC Operating Holdings, Inc.; VTR Evergreen Woods, LLC 1/k/a A98 Senior LLC; and James Westrich (the executive director of Atria Evergreen Woods). . Cases such as Surrey Place of Ocala v. Goodwin, 861 So. 2d 1291 (Fla. 5th DCA 2004), do not provide any assistance in determining whether the current, amended rule requires a hearing as' a matter of right because those cases analyzed only section 768.72 and were decided under the previous version of rule 1.190,…
Authorities Cited
- Solis v. Ingrid Calvo, 689 So. 2d 366 (Fla. 3d DCA 1997)