GABRIELA AREVALO
v.
MENADA, INC., ETC.
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The court affirmed the lower court's judgment based on established legal standards for claim relatedness, statutory interpretation, and the threshold for outrageous conduct.
[1] A claim has a logical relationship to an original claim if it arises out of the same aggregate of operative facts, either because the same facts serve as the basis of bot…
[2] Conduct constituting outrageous infliction of emotional distress must go beyond all bounds of decency and be regarded as odious and utterly intolerable in a civilized com…
Previewing 2 of 3 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“an actor is not liable 'where he has done no more than to insist upon his legal rights in a permissible way, even though he is well aware that such insistence is certain to cause emotional distress'”
Discussing liability standards for emotional distress claims
Gabriela Arevalo appealed a decision from the Circuit Court for Miami-Dade County involving Menada, Inc.…
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Third District Court of Appeal State of Florida
Opinion filed November 27, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-0984 Lower Tribunal No. 19-37110 ________________
Gabriela Arevalo, Appellant,
vs.
Menada, Inc., etc., Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Lourdes Simon, Judge.
Scott M. Sandler, P.A., and Scott M. Sandler and Logan W. Sandler; Podhurst Orseck, P.A., and Christina H. Martinez, for appellant.
Lewis Brisbois Bisgaard & Smith LLP, and Todd R. Ehrenreich and Caroline Sand and Aaron L. Graubert, for appellee.
Before FERNANDEZ, BOKOR and GOODEN, JJ.
PER CURIAM.
2 Affirmed. See Greenshields v. Greenshields, 312 So. 3d 161, 166 (Fla. 5th DCA 2021) (“[A] claim has a logical relationship to the original claim if it arises out of the same aggregate of operative facts as the original claim in two senses: (1) that the same aggregate of operative facts serves as the basis of both claims; or (2) that the aggregate core of facts upon which the original claim rests activates additional legal rights in a party defendant that would otherwise remain dormant.”) (quoting Londono v. Turkey Creek, Inc., 609 So. 2d 14, 20 (Fla. 1992)); Knowles v. Beverly Enters-Fla., Inc., 898 So. 2d 1, 5 (Fla. 2004) (explaining that when a statute’s language is unambiguous, the statute should be given its obvious meaning); see also LeGrande v. Emmanuel, 889 So. 2d 991, 994 (Fla. 3d DCA 2004) (explaining that “outrageous” conduct must “go beyond all bounds of decency” and it must “be regarded as odious and utterly intolerable in a civilized community”) (quoting Clemente v. Horne, 707 So. 2d 865, 866 (Fla. 3d DCA 1998)); Metro. Life Ins. Co. v. McCarson, 467 So. 2d 277, 279 (Fla. 1985) (holding that an actor is not liable “where he has done no more than to insist upon his legal rights in a permissible way, even though he is well aware that such insistence is certain to cause emotional distress” (quotation omitted)).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Metro. Life Ins. Co. v. McCARSON, 467 So. 2d 277 (Fla. 1985)
- Javier H. Londono, M.D. v. Turkey Creek, Inc., 609 So. 2d 14 (Fla. 1992)
- Devil LeGRANDE and Eliamise LeGrande v. Emmanuel, 889 So. 2d 991 (Fla. 3d DCA 2004)
- Vivienne Clemente and Jose Louis Herrada v. Horne, 707 So. 2d 865 (Fla. 3d DCA 1998)
- Arevalo v. Menada, Inc., 312 So. 3d 161 (Fla. 3d DCA 2025)