MUNROE REGIONAL HEALTH SYSTEMS, INC. ET AL., PETITIONERS,
v.
THE ESTATE OF GUSTL J. GONZALES, ETC., ET AL., RESPONDENTS
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Munroe Regional Health Systems and Big Sun Health Care Systems sought certiorari review of a trial court order granting leave to amend a complaint to add a punitive damages claim. The Florida District Court of Appeal dismissed the petition, holding that certiorari review is available only to determine whether procedural requirements were followed, not to assess evidentiary sufficiency.
A trial court's order granting leave to amend to add a punitive damages claim is not reviewable by certiorari for evidentiary sufficiency. Certiorari review is limited to determining whether the trial court followed the procedural requirements of section 768.72, Florida Statutes, in allowing such a claim.
[1] Certiorari review is available to determine whether a trial court has complied with the procedural requirements for allowing a punitive damages claim, not to assess the s…
[2] A trial court's order granting leave to amend a complaint to add a claim for punitive damages is generally not reviewable by certiorari.
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Join FLexlaw to unlock all legal intelligence“An appellate court has certiorari jurisdiction to review only whether the trial court has conformed with the procedural requirements of section 768.72, Florida Statutes, in allowing a punitive damages claim; the court does not have certiorari jurisdiction to determine whether there is sufficient evidence to allow a punitive claim.”
Establishes the limited scope of certiorari review in punitive damages motions—procedure only, not evidentiary sufficiency
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Join FLexlaw to unlock all legal intelligencePlaintiffs filed a motion for leave to amend their complaint to add a claim for punitive damages against healthcare system defendants. The trial court…
The full statement of facts, procedural history, and disposition for this case are member content.
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PLEUS, J.
Petitioners and defendants Munroe Regional Health Systems, Inc., and Big Sun Health Care Systems, Inc., seek certiorari review of the trial court’s order granting the plaintiffs’ motion for leave to amend their complaint to add a claim for punitive damages. Because the court’s order is not reviewable by certiorari, we summarily dismiss the petition.
Petitioners mainly argue that the trial court “misinterpreted the relationship of Petitioners in the alleged action to any wrongdoers and misapplied the standard used to determine the findings necessary to sustain a motion to amend for punitive [damages].” It is evident that petitioners’ arguments ultimately take issue with the sufficiency of the evidence that was proffered in support of the punitive damages claim. An appellate court has certiorari jurisdiction to review only whether the trial court has conformed with the procedural requirements of section 768.72, Florida Statutes, in allowing a punitive damages claim; the court does not have certiorari jurisdiction to determine whether there is sufficient evidence to allow a punitive claim. Ortega v. Silva, 712 So. 2d 1148 (Fla. 4th DCA 1998). See also Globe Newspaper Co. v. King, 658 So. 2d 518 (Fla.1995). Compare Stephanos v. Paine, 727 So. 2d 1075 (Fla. 4th DCA 1999) (trial court departed from essential requirements of law by failing to dismiss amended complaint claiming punitive damages filed without first obtaining leave of court).
The trial court followed the procedural requirements of section 768.72, Florida Statutes (2000). In accordance with the statute, respondent properly sought leave of court, by filing a motion for leave to amend the complaint, to add a claim for punitive damages, and then proffered evidence in support of its punitive damages claim at the hearing on its motion. The petition for writ of certiorari is dismissed.
DISMISSED.
PETERSON, J., concurs.
COBB, J. concurs specially, with opinion.
COBB, J.,
concurring specially.
, I am compelled to concur because of Globe Newspaper Co. v. King, 658 So. 2d 518 (Fla.1995). However, I agree with Justice Anstead’s dissent in Globe that certiorari should be available to review whether the plaintiff has established a preliminary evidentiary basis for a punitive damages claim. See § 768.72, Fla. Stat. Otherwise, the defendant is subject to improper financial discovery without any effective appellate review. His substantive right against such an intrusion therefore becomes illusory.
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Birdie M. Varnedore, M.D. v. Copeland, 210 So. 3d 741 (Fla. 5th DCA 2017)…and analysis before granting a motion to amend pleadings to assert claims for punitive damages. See Globe Newspaper, 658 So. 2d at 520; Tilton v. Wrobel, 198 So. 3d 909, 910 (Fla. 4th DCA 2016); Munroe Reg’l Health Sys., Inc. v. Estate of Gonzales, 795 So. 2d 1133, 1134 (Fla. 5th DCA 2001). Given the nature of the applicable statute and rule, the court must consider both the pleading component and the evidentiary component of each motion to amend to assert punitive damage claims. Henn v. Sandler, 589 So. 2d 1…
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WG Evergreen Woods SH, LLC v. Julie A. Fares in the Estate of Donald L. Devore, 207 So. 3d 993 (Fla. 5th DCA 2016)…rt complied with all applicable procedural requirements before granting a motion to amend pleadings to assert punitive damages. Tilton v. Wrobel, 198 So. 3d 909, 910 (Fla. 4th DCA 2016); see also Munroe Reg’l Health Sys., Inc. v. Estate of Gonzales, 795 So. 2d 1133, 1134 (Fla. 5th DCA 2001). Factual allegations and pleadings Donald DeVore was a resident of Atria Evergreen Woods, an assisted living facility (“the ALF”) owned and operated by Petitioners. While at the ALF, DeVore received occupational and physi…
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DELTA Health Grp., Inc. v. Jackson, 798 So. 2d 857 (Fla. 5th DCA 2001)…2001), in allowing a punitive damages claim; the court does not have certiorari jurisdiction to determine whether there is sufficient evidence to allow a punitive claim. See Munroe Regional Health Systems, Inc. v. Estate of Gustl J. [*858] Gonzales, 795 So. 2d 1133 (Fla. 5th DCA 2001). See also, Globe Newspaper Co. v. King, 658 So. 2d 518 (Fla.1995). Compare Stephanos v. Paine, 727 So. 2d 1075 (Fla. 4th DCA 1999) (trial court departed from essential requirements of law by failing to dismiss amended complaint c…1 / 2
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Globe Newspaper Co. v. King, 658 So. 2d 518 (Fla. 1995)
- Ortega v. Silva, 712 So. 2d 1148 (Fla. 4th DCA 1998)
- Bleau Stephanos v. Paine, 727 So. 2d 1075 (Fla. 4th DCA 1999)