Punitive Damages Blog | Sands, White & Sands, P.A.

Florida Fifth DCA rules that trial court erred by granting plaintiff’s motion to add punitive damages claim to complaint without expressly stating on record that plaintiff made a reasonable showing by evidence for recovering such damages

Florida Supreme Court approves changes to appellate rules permitting interlocutory appeal of rulings granting or denying a motion to assert a claim for punitive damages May 25, 2022

On January 6, 2022, the Florida Supreme Court published a corrected opinion approving an amendment to Fla. R. App. P. 9.130 adding new subdivision (a)(3)(G) to authorize appeals of nonfinal orders that grant or deny a motion for leave to amend to assert a...

Florida Fifth DCA rules that trial court erred by granting plaintiff’s motion to add punitive damages claim to complaint without expressly stating on record that plaintiff made a reasonable showing by evidence for recovering such damages January 6, 2022

On December 10, 2021, in Kovacs v. Williams, No. 5D21-1099, the Florida Fifth DCA quashed a trial court’s order granting a plaintiff’s motion to add a claim for punitive damages in a motor vehicle negligence case based on the alleged intoxication of the defendant driver...

Florida Supreme Court settles DCA conflict, rules that 1999 amendments to punitive damages statute applies in Engle progeny wrongful death actions in which the decedent died after the effective date of the amendments December 12, 2021

On November 18, 2021, in Sheffield v. R.J. Reynolds Tobacco Company, No. SC19-601, the Florida Supreme Court affirmed a Fifth DCA decision holding that the 1999 amendment to Fla. Stat. 768.73, which presumptively precludes an award of punitive damages...

Florida Third DCA rules that narrow scope of certiorari review prohibited Court from weighing evidence to determine whether there was an evidentiary basis for punitive damages claim that the trial court allowed plaintiff to add to lawsuit November 8, 2021

On October 20, 2021, in Leon Medical Centers, Inc. v. Duran, No. 3D21-1521, a per curium decision, the Florida Third DCA denied a certiorari petition from a medical negligence defendant seeking relief from a trial court order granting the plaintiff’s...

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 November 8, 2021

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...

Florida First DCA rules that defendant in Engle-progeny tobacco trial had the right to present evidence of prior financial settlements with states in defending against punitive damages claim August 9, 2021

On July 21, 2021, in Blundell v. R.J. Reynolds Tobacco Co., No. 1D20-232, the Florida First DCA ruled that a trial court did not abuse its discretion in allowing the defendant in an Engle-progeny tobacco punitive damages trial to present as mitigation evidence...

Florida Fourth DCA rules that plaintiff’s submission in support of motion to add punitive damages claim was insufficient, noting that no depositions, affidavits or documentary evidence were submitted with the motion May 10, 2021

On April 7, 2021, in White v. Boire, No. 2D20-2021, the Florida Second DCA granted the certiorari motion of a defendant in a pending civil action in which the trial court had granted the plaintiffs’ motion to amend their complaint ...

Florida Second DCA rules that "clear and convincing evidence" standard does not apply to motion to add punitive damages claim February 15, 2021

On January 6, 2021, in Deaterly v. Jacobson, No. 2D20-636, the Florida Second DCA denied the certiorari petition of a defendant in a civil lawsuit who objected to a trial court order...

Florida Fifth DCA rules that punitive damages award in Engle-progeny tobacco case that was over 50 times greater than the compensatory damages award was constitutionally excessive under Eighth Amendment November 18, 2020

On October 23, 2020, in R.J. Reynolds Tobacco Company v. Coates, No. 5D19-2549, the Florida Fifth DCA reversed a $16 million punitive damages award for the plaintiff...

Florida Third DCA rules that trial court applied erroneous legal standard to review of plaintiff’s motion to add punitive damages claim November 18, 2020

On October 21, 2020, in Rodriguez v. Scurtis, No. 3D20-890, the Florida Third DCA granted a defendant’s certiorari petition for relief from a trial court order...

Florida First DCA rules that trial court was not required to make express findings when ruling on plaintiff’s motion to amend complaint to assert punitive damages claim, certifies conflict with Third, Fourth and Fifth DCAs September 10, 2020

On August 19, 2020, in Watt v. Lo, No. 1D19-2994, the Florida First DCA denied the certiorari petition of a defendant in a motor vehicle personal injury action ...

Florida Fourth DCA declines certiorari review of trial court order granting amendment of complaint to include punitive damages, noting lack of authority to conduct substantive certiorari review January 17, 2020

On January 8, 2020, in Sapp v. Olivares, No. 4D19-2190, the Florida Fourth DCA declined to exercise certiorari review ...

November 26, 2019

On October 25, 2019, in Florida Power & Light Company v. Dominguez, No. 2D18-2363, the Florida Second DCA reversed a $15 million punitive damages judgment ...

Florida Second DCA reviews procedural rules for punitive damages claim in nursing home negligence case, finds trial court did not make necessary finding regarding evidence of nursing home’s direct or vicarious liability for actions of employees July 8, 2019

On June 12, 2019, in Carpenters Homes Estate, Inc, v. Sanders, No. 2D18-2608, the Florida Second DCA granted a petition for writ of certiorari filed by the defendant nursing home in a nursing home ...

Florida First DCA affirms denial of plaintiff’s motion to add punitive damages claim against defendant corporation; emergency room supervisor was not a “manager” under F.S. § 768.72(3) whose conduct could expose the defendant corporation to liability for p June 7, 2019

On May 16, 2019, in Tallahassee Memorial HealthCare v. Dukes , No. 1D18-2426, the Florida First DCA affirmed the trial court’s denial of a plaintiff’s motion to add punitive damages claim against the ...

Florida Fourth DCA denies corporate defendant’s certiorari petition objecting to trial court order allowing prosecution of punitive damages claim; inclusion of claim was permissible because it was based on alleged direct, rather than vicarious, liability o May 8, 2019

On April 24, 2019, in The Event Depot Corp. v. Frank , No. 4D18-2306, the Florida Fourth DCA denied a corporate defendant’s certiorari petition objecting to a trial court order allowing a punitive ...

Florida Fourth DCA rules that trial court's denial of defendant's summary judgment motion on fraud claims was not the "functional equivalent" of a determination that there was a reasonable evidentiary basis for punitive damages February 7, 2019

On January 2, 2019, in KIS Group et al v. Moquin , No. 4D18-1435, the Florida Fourth DCA quashed a trial court’s order granting a plaintiff’s motion to amend his complaint to assert a claim for ...

Florida Fourth DCA rules in Engle progeny tobacco case that trial court erred in denying plaintiff's motion to amend complaint to seek punitive damages on non-intentional tort claims January 18, 2018

On January 10, 2018, in Phillip Morris USA v. Blackwood , No. 4D16-897, the Florida Fourth DCA reversed a trial court’s ruling in an Engle progeny tobacco case denying the plaintiff’s motion to amend ...

Florida Third DCA strikes wrongful death plaintiff's punitive damages claim based on plaintiff's failure to attach proposed amended complaint to motion to add punitive damages claim September 20, 2017

On September 6, 2017, in Fetlar v. Suarez , No. 3D17-1315, the Florida Third DCA granted a wrongful death defendant’s certiorari petition and quashed a trial court’s order allowing the plaintiff to ...

Florida Second DCA rules in Engle progeny tobacco case that applicable punitive damages statute relates back to class certified in 1994 Engle class action complaint September 20, 2017

On September 15, 2017, in R.J. Reynolds Tobacco Company v. Evers , No. 2D16-1603, the Florida Second DCA ruled in an Engle progeny tobacco case that that applicable punitive damages statute related ...

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