PETRI POSITIVE PEST CONTROL, INC., A FLORIDA CORPORATION, PETITIONER,
v.
CCM CONDOMINIUM ASSOCIATION, INC., A FLORIDA NON-PROFIT CORPORATION D/B/A COUNTRY CLUB MANOR, CONDOMINIUM ASSOCIATION, RESPONDENT

Fla. 4th DCA | 2015-09-24
No. 4D14-4728
Stevenson, J., Gross, J., Forst, J.
174 So. 3d 1122 Florida District Court of Appeal, Fourth District (2015) Negative Treatment
Cited by 9 cases

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Synopsis

Florida appellate court quashed trial court's order allowing punitive damages discovery because the court failed to make an affirmative finding of reasonable evidentiary basis as required by section 768.72.

Holding

A trial court must make an affirmative finding that there is a reasonable evidentiary basis for a punitive damages claim before allowing financial worth discovery under section 768.72.

Headnotes

[1] A trial court must make an explicit affirmative finding of reasonable evidentiary basis for punitive damages before permitting financial worth discovery under section 768…

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Key Quotes

“(W)e read section 768.72 as creating a positive legal right in a party not to be subjected to financial worth discovery until the trial court has first made an affirmative finding that there is a reasonable evidentiary basis for the punitive damages claim to go to the jury.”

Court explaining the mandatory procedural requirement under section 768.72 for punitive damages claims.
Facts & Procedural History

Petri Positive Pest Control sought certiorari relief from a trial court order granting CCM Condominium Association's motion for leave to assert a puni…

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Topics
Reasonable Basis For Punitive Damages Financial Worth Discovery Reasonable Evidentiary Basis Procedural Requirements

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner, Petri Positive Pest Control, Inc. (Petri), seeks certiorari relief from a November 12, 2014 order granting respondent CCM Condominium Association, Inc.’s (CCM) motion for leave to assert a punitive damages claim. See § 768.72, Fla. Stat. (2014). Certiorari review is available to determine whether a trial court has complied with the procedural requirements of section 768.72, but not the sufficiency of the evidence. See Globe Newspaper Co. v. King, 658 So.2d 518, 520 (Fla.1995).

Although the trial court held a hearing on the matter, neither the court’s verbal comments nor written order indicate whether it found that CCM demonstrated a reasonable basis for seeking punitive damages. “(W]e read section 768.72 as creating a positive legal right in a party not to be subjected to financial worth discovery until the trial court has first made an affirmative finding that there is a reasonable evidentiary basis for the punitive damages claim to go to the jury.” Henn v. Sandler, 589 So.2d 1334, 1335 (Fla. 4th DCA 1991) (emphasis added). We quash the order on review and remand for the trial court to enter its affirmative findings or, if necessary, hold further proceedings consistent with this opinion.

STEVENSON, GROSS and FORST, JJ., concur.

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Citator

Cited By

  • Birdie M. Varnedore, M.D. v. Copeland, 210 So. 3d 741 (Fla. 5th DCA 2017)
    …ould provide a “reasonable evidentiary basis for recovering such damages” if the motion to amend is granted. SAP Am. Inc. v. Royal Flowers, Inc., 187 So. 3d 946, 947 (Fla. 3d DCA 2016); see also Petri Positive Pest Control, Inc. v. CCM Condo. Ass’n, 174 So. 3d 1122, 1122 (Fla. 4th DCA 2015); Royal Caribbean Cruises, Ltd. v. Doe, 44 So. 3d 230, 235-36 (Fla. 3d DCA 2010); Henn, 589 So. 2d at 1335. We agree that when granting a motion to amend to add punitive damages, the trial court must make the aforementioned…
  • Vaziri v. Marena Jerkins, 400 So. 3d 634 (Fla. 4th DCA 2025)
    …. If the motion is to be granted, the court must make an affirmative finding that the necessary evidentiary showing has been made. Leinberger v. Magee, 226 So. 3d 899, 901 (Fla. 4th DCA 2017); Petri Positive Pest Control, Inc. v. CCM Condo. Ass’n, 174 So. 3d 1122, 1122 (Fla. 4th DCA 2015); Varnedore, 210 So. 3d at 747–48. Here, despite expressly recognizing that Plaintiff’s proposed amended complaint did not contain sufficient allegations to support a punitive damages claim, the county court nonetheless gra…
  • Amazulu Transp., Inc. v. Dinkins, 407 So. 3d 540 (Fla. 6th DCA 2025)

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