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Florida Third DCA denies certiorari petition of defendant seeking review of trial court order permitting plaintiff to add punitive damages claim, finding that scope of review was limited to whether trial court complied with procedural rules and not whether the evidentiary proffer was sufficient

On October 27, 2021, in Moss & Associates, LLC. Et al. v. Lapin, No. 3D21-1653, the Florida Third DCA denied a defendant’s motion for certiorari review of a trial court order permitting the plaintiff to add a punitive damages claim. The Third DCA stated that the record reflected that the trial court complied with the procedural requirements of section Fla. Stat. § 768.72, and that certiorari review is not available to review the sufficiency of the plaintiff’s evidentiary proffer.

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