Legal Opinion

Hernando HMA, LLC v. Erwin

District Court of Appeal of Florida

Decided February 3, 2017No. Case 5D16-2835PublishedCited by 4 opinions

1Opinion of the CourtPalmer, J.

Petitioner, Hernando HMA, LLC, d/b/a Bayfront Health Spring Hill, f/k/a Spring Hill Hospital, has filed a petition seeking a writ of certiorari to quash the trial court’s order granting Respondent’s motion to amend its complaint to assert a claim for punitive damages. Because Petitioner seeks relief on a ground not raised below, we deny the petition.

Respondent, Robert Erwin, filed suit against Petitioner alleging medical malpractice. He later filed a motion seeking to add a claim for punitive damages. After a hearing, the trial court granted the motion, citing Estate of Despain v. Avante…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Estate of Despain v. Avante Group, Inc.District Court of Appeal of Florida · 2005
  2. First Call Ventures, LLC v. Nationwide Relocation Services, Inc.District Court of Appeal of Florida · 2013
  3. Kevin Watkins v. State of FloridaDistrict Court of Appeal of Florida · 2015

3Cited by4 opinions

  1. Robins v. ColomboDistrict Court of Appeal of Florida · 2018
  2. US Bank National Association, etc. v. Jason Tranumn and D'Honour TranumnDistrict Court of Appeal of Florida · 2018
  3. Firstservice Residential Fla., Inc. v. RodriguezDistrict Court of Appeal of Florida · 2018
  4. Firstservice Residential Fla., Inc. v. RodriguezDistrict Court of Appeal of Florida · 2018

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