WORTH
v.
THE ESTATE OF IDELLE STERN
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A trial court does not abuse its discretion in granting a motion for leave to file a claim for punitive damages when it correctly applies the procedural standards of Florida Statute section 768.72.
[1] Certiorari review of a trial court's order on a motion for punitive damages is limited to whether the trial court applied the correct law, specifically the procedural sta…
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Join FLexlaw to unlock all legal intelligencePetitioners sought certiorari review of a trial court order in a Miami-Dade County case granting respondents' motion for leave to file a claim for pun…
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PER CURIAM.
Our certiorari review of the trial court’s order granting Respondents’ motion for leave to file a claim for punitive damages is limited to whether the trial court applied the correct law. TRG Desert Inn Venture, Ltd. v. Berezovsky, 194 So. 3d
516, 519 (Fla. 3d DCA 2016). While we might have concerns regarding the sufficiency of the evidence proffered by Respondents as to the alleged intentional misconduct or gross negligence of Petitioners, on this record we are unable to conclude that the trial court, in adjudicating Respondents’ motion for punitive damages, failed to apply the correct law, i.e., the procedural standards set forth in section 768.72 of the Florida Statutes.
Petitions denied.
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Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Elliott Buchman v. Seaboard Coast Line R.R. Co., 381 So. 2d 229 (Fla. 1980)
- Tiny's Liquors, Inc. v. Davis, 353 So. 2d 168 (Fla. 3d DCA 1977)
- TRG Desert INN Venture, Ltd. v. Berezovsky, 194 So. 3d 516 (Fla. 3d DCA 2016)
- Perper v. Edell, 44 So. 2d 78 (Fla. 1949)
- Cigarette Racing Team, Inc. v. Parliament Ins. Co., 395 So. 2d 1238 (Fla. 4th DCA 1981)
- Rosaler v. Rosaler, 442 So. 2d 1018 (Fla. 3d DCA 1983)
- Reliable Servs., Inc. v. Taft, 247 So. 2d 97 (Fla. 3d DCA 1971)