JOEL T. LALAS AND MAXINE T. LALAS, APPELLANTS,
v.
PAUL WESLEY BARNES AND EAGLE SUPPLY, INC., APPELLEES

Fla. 1st DCA | 2001-10-04
No. 1D01-99
WOLF, KAHN and BENTON, JJ., concur.
795 So. 2d 1107 Florida District Court of Appeal, First District (2001) Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

In this appeal from a final judgment rendered in their favor, appellants raise two points. We affirm the first point without discussion. In the second point, appellants argue that the trial court erred in denying their motion to amend the complaint to add punitive damages against one of the defendants, Eagle Supply, Inc., the employer of the tortfeasor. We affirm on this point as well because no basis has been shown for punitive damages against the employer. See Dade County Sch. Bd. v. Radio Station WQBA, 731 So. 2d 638, 644-45 (Fla.1999).

AFFIRMED.

WOLF, KAHN and BENTON, JJ., concur.

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  • Valdes v. GAB Robins N. Am., Inc., 924 So. 2d 862 (Fla. 3d DCA 2006)
    …illegal, improper, or perverted use of process by the defendant; (2) an ulteri- or motive or purpose in exercising the illegal, improper, or perverted process; and (3) damage to the plaintiff as a result of the defendant's action. Hardick v. Homol, 795 So. 2d 1107, 1111 n. 2 (Fla. 5th DCA 2001). . The consortium claim, of course, also fails. See ACandS, Inc. v. Redd, 703 So. 2d 492, 493-94 (Fla. 3d DCA 1997) (holding that loss of consortium is a derivative claim that is dependent on the spouse’s ability to r…
  • Verdon v. Dandan Song, 251 So. 3d 256 (Fla. 5th DCA 2018)
    …an illegal, improper, or perverted use of process; (2) the defendant had an ulterior motive or purpose in exercising the illegal, improper or perverted process; and (3) the plaintiff was injured as a result of defendant's action." Hardick v. Homol , 795 So. 2d 1107, 1111 n.2 (Fla. 5th DCA 2001) (citation omitted). "The usual abuse of process claim involves some form of extortion-using a criminal prosecution to force payment of a civil debt." Bembry v. City of Tallahassee , 19 Fla. L. Weekly Fed. D 661 (N.D. Fl…
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    …ve or purpose in exercising the illegal, improper, or perverted process; and (3) damage to the plaintiff as a result of the defendant's action." Valdes v. GAB Robins N. Am., Inc., 924 So. 2d 862, 867 n.2 (Fla. 3d DCA 2006) (citing Hardick v. Homol, 795 So. 2d 1107, 1111 n.2 (Fla. 5th DCA 2001)). "[T]he usual case of abuse of process involves some form of extortion." S & I Invs. v. Payless Flea Mkt., 36 So. 3d 909, 917 (Fla. 4th DCA 2010) (alteration in original) (quoting Bothmann v. Harrington, 458 So. 2d 1…

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