Procedure for Seeking Punitive Damages

The recent appellate opinion in Werner Enterprises, Inc. v. Mendez, 48 Fla.L,Weekly D1121A (Fla. 5th DCA 2023) discusses the PROCEDURE for a party moving to amend their complaint to add punitive damages. In this case, the plaintiff appealed the trial court’s denial of the plaintiff’s motion for leave to amend to add punitive damages. The appellate court reversed the trial court’s denial and, in doing so, includes this worthy discussion on the procedure associated with moving to amend a complaint to seek punitive damages: Florida law requires the plaintiff to seek the trial court's permission before adding punitive damages to its complaint....