FRANK WILL, PETITIONER,
v.
SYSTEMS ENGINEERING CONSULTANTS, INC., RESPONDENT

Fla. 3d DCA | 1989-12-19
No. 89-1925
Before BASKIN, FERGUSON and COPE, JJ.
554 So. 2d 591 Florida District Court of Appeal, Third District (1989) Caution
Cited by 16 cases

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Synopsis

Frank Will seeks certiorari to review an order granting discovery of his financial worth in connection with a punitive damages claim. The court holds that under Florida Statutes § 768.72, the plaintiff bears the burden of showing a reasonable basis for punitive damages before discovery of the defendant's financial worth may proceed, and that discovery was improperly ordered without this threshold showing.


Holding

The court holds that discovery of financial worth shall not proceed until the plaintiff makes a showing by proffer or evidence in the record that a reasonable basis exists to support recovery of punitive damages. The conventional summary judgment burden analysis is inapplicable; instead, the burden rests on the plaintiff to demonstrate reasonable basis for punitive damages.


Headnotes

[1] A plaintiff seeking punitive damages must make a reasonable showing by evidence or proffer that a basis exists for recovery before a pleading for punitive damages will be…

[2] Discovery of a defendant's financial worth is prohibited until after a pleading concerning punitive damages is permitted.

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Key Quotes

“No discovery of financial worth shall proceed until after the pleading concerning punitive damages is permitted.”

The statutory language from § 768.72 establishing the procedural requirement that discovery of financial worth is conditional on prior approval of the punitive damages claim.

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Facts & Procedural History

Will moved to strike Systems Engineering's punitive damages claims. The trial court denied the motion to strike and recharacterized the issue as a mot…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner Frank Will, defendant below, petitions for a writ of certiorari to review an order which grants discovery of petitioner’s financial worth in connection with respondent/plaintiff Systems Engineering Consultants, Inc.'s claims for punitive damages. We grant the writ and quash the order under review.

In the proceeding below Will moved to strike Systems Engineering’s claims for punitive damages. The trial court denied the motion and directed instead that the issue be presented as a motion for partial summary judgment on punitive damages. Systems Engineering contended that the burden of persuasion rested on defendant Will, as the movant, to demonstrate the nonexistence of any disputed issue of material fact with respect to the issue of punitive damages, in accordance with the conventional principles relating to summary judgments. The trial court denied the motion for partial summary judgment and directed Will to provide discovery of his financial worth.

The claim for punitive damages and the order directing the disclosure of financial worth are governed by section 768.72, Florida Statutes (1987), which provides:

In any civil action, no claim for punitive damages shall be permitted unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages. The claimant may move to amend his complaint to assert a claim for punitive damages as allowed by the rules of civil procedure. The rules of civil procedure shall be liberally construed so as to allow the claimant discovery of evidence which appears reasonably calculated to lead to admissible evidence on the issue of punitive damages. No discovery of financial worth shall proceed until after the pleading concerning punitive damages is permitted.

Our court has interpreted the statute to place the burden on the plaintiff “to make a showing by proffer or through evidence in the record that some reasonable basis exists to support recovery of'punitive damages before the trial court permits a pleading requesting such damages.” Wolper Ross Ingham & Co. v. Liedman, 544 So. 2d 307, 308 (Fla. 3d DCA 1989). The conventional summary judgment analysis is inapplicable; rather, the burden to show “a reasonable basis for recovery of such damages” is on the plaintiff, not on the defendant. In order to avoid confusion, it would appear preferable to entertain the punitive damage issue by way of a motion to dismiss, or motion to strike, the punitive damage claim, rather than a motion for partial summary judgment.1

We therefore quash the order under review and remand for further proceedings consistent herewith.

Certiorari granted; order quashed.

. The parties have by way of alternative argument invited us to pass on the sufficiency of the evidence pertaining to the punitive damage claims. After careful consideration of the parties’ thorough memoranda, we conclude that the issue should be presented to the trial court in the first instance under the standards set forth in section 768.72 and the Wolper Ross decision.


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Citator

Cited By

  • Est. OF Beulah Despain v. Avante Grp., Inc., 900 So. 2d 637 (Fla. 5th DCA 2005)
    …evidentiary hearing is not mandated by the statute before a trial court has authority to permit an amendment. Pursuant to section 768.72(1), a proffer of evidence can support a trial court’s determination.”); Will v. Systems Eng’g Consultants, Inc., 554 So. 2d 591 (Fla. 3d DCA 1989); see also Porter v. Ogden, Newell & Welch, 241 F. 3d 1334 (11th Cir.2001). Because record evidence or proffer is specified in section 768.72(1), we reject the argument that the abuse of discretion standard applies to determine wh…
  • Henn v. Sandler, 589 So. 2d 1334 (Fla. 4th DCA 1991)
    …ory predicate for punitive damages exists before a party can be forced to disclose personal financial worth discovery. In Wolper Ross Ingham & Co. Inc. v. Liedman, 544 So. 2d 307 (Fla. 3rd DCA 1989), and Will v. Systems Engineering Consultants Inc., 554 So. 2d 591 (Fla. 3rd DCA 1989), the court reached the same conclusion. In Wolper Ross the court reviewed an order compelling discovery. In Will the trial court had directed that the issue be presented by a motion for partial summary judgment, which was then pr…
  • KEY W. Convalescent Ctr., Inc. v. Dinny Doherty, 619 So. 2d 367 (Fla. 3d DCA 1993)
    …priate remedy where a trial court permits financial worth discovery without first finding that a reasonable basis exists for recovery of punitive damages. Henn v. Sandler, 589 So. 2d 1334 (Fla. 4th DCA 1991); Will v. Systems Eng’g Consultants, Inc., 554 So. 2d 591 (Fla. 3d DCA 1989); Wolper Ross Ingham & Co. v. Liedman, 544 So. 2d 307 (Fla. 3d DCA 1989).…

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