Legal Opinion
Eugene J. Strasser, M.D., P.A. v. Bose Yalamanchi, M.D., P.A.
District Court of Appeal of Florida
Decided June 19, 1996No. 96-0645PublishedCited by 10 opinions
1Opinion of the Court
PARIENTE, Judge.
The trial court permitted respondent (plaintiff) to amend his complaint to allege punitive damages. Rather than determine at that time whether there was a reasonable basis to support a punitive damages claim, the trial court ruled that it would make that determination at the time of trial. By so doing, the trial court departed from the essential requirements of law.
Before a plaintiff may assert a claim of punitive damages, the trial court must determine that there is a reasonable basis for recovery of punitive damages. Si-meon, Inc. v. Cox, 671 So.2d 158 (Fla.1996). This…
2Cases cited2 opinions
- Globe Newspaper Co. v. KingSupreme Court of Florida · 1995
- Simeon, Inc. v. CoxSupreme Court of Florida · 1996
3Cited by10 opinions
- Estate of Despain v. Avante Group, Inc.District Court of Appeal of Florida · 2005
- Solis v. CalvoDistrict Court of Appeal of Florida · 1997
- Elsner v. E-Commerce Coffee ClubDistrict Court of Appeal of Florida · 2013
- Tilton v. WrobelDistrict Court of Appeal of Florida · 2016
- Dadic v. SchneiderDistrict Court of Appeal of Florida · 1998
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