COMWAY TRADE LOGISTICS, LLC
v.
SEBASTIAN CURET
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Comway Trade Logistics appealed the trial court's denial of its motion to amend its complaint to add a claim for punitive damages. The Third District Court of Appeal affirmed, finding that Comway failed to make a reasonable showing providing a reasonable basis for recovery of punitive damages under Florida law.
The trial court properly performed its gatekeeping function in denying the motion to amend because Comway Trade Logistics failed to make a reasonable showing which would provide a reasonable basis for recovery of punitive damages under Florida Statute § 768.72(1).
[1] A trial court properly performs its gatekeeping function when denying a motion to amend a complaint to add a claim for punitive damages if the movant fails to make a reas…
[2] A reasonable evidentiary basis is required to establish a claim for punitive damages.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A trial court must weigh both parties' showings when considering whether the evidence or proffer is sufficient to establish a reasonable evidentiary basis for recovery of punitive damages.”
Establishes the trial court's gatekeeping duty and the standard for evaluating punitive damages claims.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceComway Trade Logistics sought to amend its complaint to add a claim for punitive damages against multiple defendants including Sebastian Curet, Tradef…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Reasonable Evidentiary Basis cases and more on FLexlaw
Walter Appeals & General Litigation, and Mary J. Walter (Orlando), for appellees, Sebastian Curet and Tradefin International, LLC; Liebler, Gonzalez & Portuondo, and Alan M. Pierce, for appellee, Bank of America, N.A.; Law Offices of Victor K. Rones, P.A., and Victor K. Rones, for appellees, Amerant Bank NA and Amerant Investments, Inc. Before FERNANDEZ, LOBREE and GOODEN, JJ.
PER CURIAM.
Appellant Comway Trade Logistics, LLC appeals an order denying its motion to amend its complaint to add a claim for punitive damages. We find that Comway Trade Logistics failed to make a reasonable showing which would provide a reasonable basis for recovery of punitive damages. § 768.72(1) Fla. Stat. (2024). Therefore, the trial court properly performed its gatekeeping function. See Palm Bay Towers Condo. Ass’n, Inc. v. Marrazza, 2025 WL 15530, at *2 (Fla. 3d DCA Jan. 2, 2025) (“Thus, the trial court serves as a ‘gatekeeper,’ whose function is to assess whether there is a reasonable evidentiary basis for recovery.”); Manheimer v. Florida Power & Light Co., 48 Fla. L. Weekly D1495, *3 (Fla. 3d DCA Aug. 2, 2023) (“A trial court must weigh both parties’ showings when considering whether the evidence or proffer is sufficient to establish a reasonable evidentiary basis for recovery of punitive damages.”); accord Fed. Ins. Co. v. Perlmutter, 376 So. 3d 24, 31-32 (Fla. 4th DCA 2023).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Carlo Ponti v. Baronowsky (Fla. 4th DCA 2024)
-
Comway Trade Logistics, LLC v. Curet (Fla. 3d DCA 2025)…onable showing which would provide a reasonable basis for recovery of punitive damages. § 768.72(1) Fla. Stat. (2024). Therefore, the trial court properly performed its gatekeeping function. See Palm Bay Towers Condo. Ass’n, Inc. v. Marrazza, 2025 WL 15530, at *2 (Fla. 3d DCA Jan. 2, 2025) (“Thus, the trial court serves as a ‘gatekeeper,’ whose function is to assess whether there is a reasonable evidentiary basis for recovery.”); Manheimer v. Florida Power & Light Co., 48 Fla. L. Weekly D1495, *3 (…
Authorities Cited
- Fla. Invs. Unlimited, Inc. v. Kathreen Tummarello, 373 So. 3d 1283 (Fla. 6th DCA 2024)
- Carlo Ponti v. Baronowsky (Fla. 4th DCA 2024)
- Comway Trade Logistics, LLC v. Curet (Fla. 3d DCA 2025)