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Florida Fourth DCA rules that plaintiff’s submission in support of motion to add punitive damages claim was insufficient, noting that no depositions, affidavits or documentary evidence were submitted with the motion

On April 7, 2021, in White v. Boire, No. 2D20-2021, the Florida Second DCA granted the certiorari motion of a defendant in a pending civil action in which the trial court had granted the plaintiffs’ motion to amend their complaint to add a punitive damages claim. The Second DCA noted that plaintiff counsel’s proffer in support of the motion was presented in a narrative form and consisted entirely of the representations of counsel. Although plaintiff counsel had attributed some facts to the prior testimony of particular people and referred to numerous documents, counsel did not submit any depositions or documentary evidence with the motion, and apart from one document that was an exhibit to the complaint, none appeared to have been previously filed in the court record. Under these circumstances, the Second DCA concluded that the plaintiffs had failed to carry their burden under Fla. Stat. 768.72 of a "reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages."

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