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891 So. 2d 1188·
Fla. 4th DCA·
2005-02-02
·cited 57×
Plaintiffs injured in a 1999 Ford Explorer tire rollover sued Firestone and obtained a jury verdict for compensatory damages. The trial court denied their motion to amend the complaint to add a punitive damages claim based on internet-sourced evidence of Firestone's prior knowled
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215 So. 3d 607·
Fla. 4th DCA·
2017-03-29
·cited 45×
The trial court erred by applying an incorrect legal standard when granting a motion to amend a complaint to assert a claim for punitive damages.
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136 So. 3d 647·
Fla. 2d DCA·
2013-12-20
·cited 16×
GEICO appeals a jury verdict awarding Mrs. Hoy $20,000 for fraud in the inducement after GEICO allegedly misrepresented the amount of uninsured motorist benefits she would receive. The court reverses, holding that Mrs. Hoy failed to prove she sustained any damages because she rec
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253 So. 3d 94·
Fla. 3d DCA·
2018-08-08
·cited 15×
A trial court's order granting leave to amend a complaint to add a punitive damages claim is reviewed on certiorari only for compliance with procedural requirements of section 768.72, not for sufficiency of evidence. The trial court here complied with all procedural requirements,
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358 So. 3d 1242·
Fla. 4th DCA·
2023-04-05
·cited 7×
A patient's expert testimony that a physician's radiation protocol fell outside the standard of care, combined with allegations of financial motive, does not satisfy the statutory requirement for a reasonable showing of intentional misconduct or gross negligence necessary to supp
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49 Fla. L. Weekly D2106·
Fla. 3d DCA·
2025-02-12
·cited 5×
JVA Engineering Contractor appeals a trial court order granting Doral 10's motion to add a punitive damages claim arising from JVA's alleged trespass and negligent contamination of Doral 10's property. The Third District Court of Appeal reverses, holding that Doral 10 failed to s
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432 So. 3d 616·
Fla. 3d DCA·
2026-03-04
·cited 4×
A daughter appeals a trial court's order granting her mother's motion to amend a counterclaim to include punitive damages allegations based on extortion, fraud, malicious prosecution, and fabrication of evidence. The appellate court affirms, finding the mother made a sufficient p
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378 So. 3d 625·
Fla. 4th DCA·
2023-11-22
·cited 3×
A plaintiff fails to make a reasonable showing of entitlement to punitive damages under Florida Statute section 768.72 when the proffered evidence relates to post-hiring conduct rather than the hiring decision itself, and the defendant took reasonable precautions such as conditio
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321 So. 3d 315·
Fla. 3d DCA·
2021-05-12
·cited 2×
A trial court may not conduct a hearing on a motion to amend a pleading to add punitive damages within 20 days of the claimant's filing of evidence or proffer of evidence in support of the motion, as required by Florida Rule of Civil Procedure 1.190(f).
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932 So. 2d 536·
Fla. 3d DCA·
2006-06-21
·cited 2×
The Florida District Court of Appeal granted a petition for writ of certiorari, holding that a punitive damages claim must be dismissed because the plaintiffs failed to comply with statutory procedures requiring a reasonable showing of evidence before or at the time of filing the
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Fla. 5th DCA·
2023-06-02
·cited 1×
A plaintiff establishes a reasonable basis for punitive damages when the proffer, viewed in a light most favorable to the plaintiff, shows evidence from which a reasonable jury could infer intentional misconduct or gross negligence. The trial court abused its discretion in denyin
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335 So. 3d 1226·
Fla. 3d DCA·
2021-10-20
·cited 1×
Petitioners, defendants in a wrongful death lawsuit, sought certiorari relief to challenge a trial court's order granting an amendment to add a punitive damages claim under Florida Statute section 768.72. The court held that the trial court properly complied with statutory proced
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M.D. Fla.·
2024-08-01
The court denied the defendants' motion to strike the punitive damages claim, finding it was timely filed and adequately pleaded.
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Fla. 2d DCA·
2023-08-18
The appellate court reversed a lower court's order allowing a former husband to pursue punitive damages in a malicious prosecution claim against his former wife. The court found the evidence insufficient to show the wife acted with intentional misconduct or gross negligence when