CARLO PONTI
v.
KEVIN BARONOWSKY
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Carlo Ponti appealed a nonfinal order denying his motion to add a claim for punitive damages. The Fourth District Court of Appeal affirmed the trial court's order, with one judge dissenting on the grounds that credibility determinations should have been left to the jury.
The trial court's order denying the motion to add a claim for punitive damages was affirmed by the majority of the appellate panel.
[1] A trial court may deny a motion to add a punitive damages claim when the plaintiff's proffer of evidence is deemed inadequate, subject to review for abuse of discretion.
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Join FLexlaw to unlock all legal intelligence“the trial court weighed the evidence and made credibility determinations, which should have been properly left to the jury”
Justice Warner's dissent argues that the trial court improperly usurped the jury's role in evaluating punitive damages evidence
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Join FLexlaw to unlock all legal intelligenceThe case involves a dispute between Carlo Ponti and Kevin Baronowsky in the Circuit Court for the Seventeenth Judicial Circuit, Broward County. Ponti …
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PER CURIAM. Affirmed. CIKLIN and KUNTZ, JJ., concur. WARNER, J., dissents with opinion. WARNER, J., dissenting.
Based upon my dissent in Federal Insurance Company v. Perlmutter, 376 So. 3d 24 (Fla. 4th DCA 2023), I would reverse the trial court’s order denying appellant’s motion to add a claim for punitive damages, as the trial court weighed the evidence and made credibility determinations, which should have been properly left to the jury. The plaintiff’s proffer of evidence to support its claim for punitive damages was adequate.
* * * Not final until disposition of timely filed motion for rehearing.
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JVA Eng'g Contractor, Inc. v. Doral 10, LLC, 49 Fla. L. Weekly D2106 (Fla. 3d DCA 2025)…nsidering a claim for punitive damages the trial court performs a “gatekeeping” function, requiring the trial court to determine whether the movant has established a reasonable basis for the recovery of punitive damages. Fed. Ins. Co. v. Perlmutter, 376 So. 3d 24, 32 (Fla. 4th DCA 2023);2 see § 768.72(1), Fla. Stat. (2024). The gatekeeper role also extends to the trial court’s determining whether the movant has satisfied the requirements of subsection 768.72(3). See, e.g., McClane Foodservice, Inc. v. Wool,…
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Vaziri v. Marena Jerkins, 400 So. 3d 634 (Fla. 4th DCA 2025)…ed complaint attached to the original motion for leave to amend to be filed as of the date of the order. This appeal follows. An order granting a motion for leave to assert a punitive damages claim is reviewed de novo. Fed. Ins. Co. v. Perlmutter, 376 So. 3d 24, 34 (Fla. 4th DCA 2023). A party cannot plead a punitive damages claim unless the party makes “a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages.” § 768.…
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Palm Bay Towers Condo. Ass'n, Inc. v. Marrazza, 404 So. 3d 552 (Fla. 3d DCA 2025)…part of a (Fla. 2d DCA 2021); Estate of Despain v. Avante Grp., Inc., 900 So. 2d 637 (Fla. 5th DCA 2005); Werner Enters., Inc. v. Mendez, 362 So. 3d 278 (Fla. 5th DCA 2023). Recently, the Fourth District, in Federal Ins. Co. v. Perlmutter, 376 So. 3d 24, 38 (Fla. 4th DCA 2023) (en banc), held that the trial court must “make a preliminary determination of whether a reasonable jury, viewing the totality of evidence identified in support of or opposition to the motion, and in the light most favorab…
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