RICHARD JONES AND PRECISION FORESTRY SERVICES, LLC
v.
CHARLES RILEY
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PER CURIAM.
DENIED. See Globe Newspaper Co. v. King, 658 So. 2d 518, 519 (Fla. 1995) (holding that certiorari jurisdiction exists in this context only to review whether the trial court has conformed with the procedural requirement under section 768.72, Florida Statutes, that there be a proffer or presentation of evidence to the trial court and “a determination that there is a reasonable evidentiary basis for recovery of punitive damages”); see also Watt v. Lo, 302 So. 3d 1021, 1024 (Fla. 1st DCA 2020) (citing § 786.72, Fla. Stat. (2019)) (holding that express or affirmative findings are not required to amend a complaint to add punitive damages; requiring instead “that the claimant make the necessary showing based on evidence in the record or proffered by the claimant”).
OSTERHAUS, BILBREY, and TANENBAUM, JJ., concur. _____________________________
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Jones v. Riley, 302 So. 3d 1021 (Fla. 1st DCA 2021)…ral requirement under section 768.72, Florida Statutes, that there be a proffer or presentation of evidence to the trial court and “a determination that there is a reasonable evidentiary basis for recovery of punitive damages”); see also Watt v. Lo, 302 So. 3d 1021, 1024 (Fla. 1st DCA 2020) (citing § 786.72, Fla. Stat. (2019)) (holding that express or affirmative findings are not required to amend a complaint to add punitive damages; requiring instead “that the claimant make the necessary showing based on evid…
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John Knox Vill. of Cent. Fla., Inc. v. Est. of Alma Jane Lawrence, 379 So. 3d 1205 (Fla. 5th DCA 2024)…fore results in reversal. Kovacs v. Williams, 331 So. 3d 850, 852 (Fla. 5th DCA 2021). Upon revisiting the affirmative findings requirement, Kovacs yielded to Varnedore; however, it challenged the requirement and certified conflict with Watt v. Lo, 302 So. 3d 1021, 1023 (Fla. 1st DCA 2020). We agree with Kovacs that “there is no operative statute or rule requiring the trial court to make an affirmative finding” and if “writing on a blank slate” would determine that no such requirement exists.1 See 331 So. 3…
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Amazulu Transp., Inc. v. Dinkins, 407 So. 3d 540 (Fla. 6th DCA 2025)
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- Globe Newspaper Co. v. King, 658 So. 2d 518 (Fla. 1995)
- Jones v. Riley, 302 So. 3d 1021 (Fla. 1st DCA 2021)