JUAN RICARDO JACKSON MELENDEZ AND JESSICA SANTO RIVERA
v.
DONALD DELAND EVERSOLE AND MICHELE MARIE EVERSOLE, HIS WIFE

Fla. 1st DCA | 2019-02-18
No. 18-3534
Gerald Mann
43 Fla. L. Weekly D2519 Florida District Court of Appeal, First District (2019) Positive Treatment
Also reported at: 263 So. 3d 1140
Cited by 3 cases

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Holding

A trial court's decision to allow amendment of a counterclaim to add punitive damages satisfies the procedural requirements of section 768.72, Florida Statutes, and therefore the appellate court lacks jurisdiction to review the sufficiency of evidence supporting the punitive damages claim.


Headnotes

[1] In reviewing a trial court's decision to allow amendment of a pleading to add a punitive damages claim under section 768.72, Florida Statutes, appellate jurisdiction is l…

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Key Quotes

“In such a proceeding, the scope of our review is limited to determining whether the trial court complied with the procedural requirements of section 768.72, Florida Statutes. We, conversely, lack 'jurisdiction to review the sufficiency of the evidence proffered to support the punitive damages claim.'”

Court explaining the scope of review in certiorari proceedings challenging punitive damages amendments.

Facts & Procedural History

Petitioners Juan Ricardo Jackson Melendez and Jessica Santo Rivera sought certiorari review of a trial court order that allowed Respondents Donald Del…

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Opinion of the Court

court complied with the applicable procedural requirements, the petition for writ of certiorari is DENIED.

WOLF, OSTERHAUS, and JAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

_____________________________ Paul M. Eza and Michael L. Glass of Stone, Glass & Connolly, LLP, Jacksonville, for Petitioners. Benjamin E. Richard, Curry G. Pajcic, and William A. Bald of Pajcic & Pajcic, P.A., Jacksonville, for Respondents.


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