JOHN CHARLES SOLOMON, II
v.
BERTRAM ROBINSON
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In this appeal of a nonfinal order, the Fourth District Court of Appeal affirmed the trial court's decision regarding punitive damages, holding that the trial court properly applied the legal standard requiring a preliminary determination of whether a reasonable jury could find by clear and convincing evidence that punitive damages are warranted.
The court affirmed the trial court's decision, holding that the trial court is required to make a preliminary determination of whether a reasonable jury, viewing the totality of proffered evidence in the light most favorable to the movant, could find by clear and convincing evidence that punitive damages are warranted, while also weighing the other side's showing.
[1] In determining whether a reasonable evidentiary basis exists to support an award of punitive damages, the trial court must weigh the evidence presented by both the movant…
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Join FLexlaw to unlock all legal intelligence“to make a preliminary determination of whether a reasonable jury, viewing the totality of proffered evidence in the light most favorable to the movant, could find by clear and convincing evidence that punitive damages are warranted”
Establishes the standard the trial court must follow when determining punitive damages eligibility
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Join FLexlaw to unlock all legal intelligenceThe case involved John Charles Solomon, II appealing a nonfinal order from the Circuit Court for the Fifteenth Judicial Circuit in Palm Beach County. …
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Appeal of nonfinal order from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Bradley G. Harper, Judge; L.T. Case No. 502023CA002381.
Michael J. Dono, Jerry D. Hamilton, and Bradley A. Silverman of Hamilton, Miller & Birthisel LLP, Miami, for appellant.
Christopher S. Prater, Jonathan E. Pollard, and Michael A. Boehringer of Pollard PLLC, Fort Lauderdale, for appellee. PER CURIAM.
Affirmed. See Fed. Ins. Co. v. Perlmutter, 376 So. 3d 24, 34 (Fla. 4th DCA 2023) (holding that the trial court is required “to make a preliminary determination of whether a reasonable jury, viewing the totality of proffered evidence in the light most favorable to the movant, could find by clear and convincing evidence that punitive damages are warranted,” and that “the preliminary determination by the trial court considers the evidence presented by all parties and gives the movant the benefit of all reasonable inferences”) (emphasis omitted); see also Marder v. Mueller, 358 So. 3d 1242, 1246 n.1 (Fla. 4th DCA 2023) (noting that the trial court “must also weigh the other side’s showing when determining whether a reasonable evidentiary basis exists to recover punitive damages”). DAMOORGIAN, CIKLIN and LEVINE, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.