Tierra Builders, Inc. v. Schwimmer

I would affirm the judgment as to INA Underwriters Insurance Co. and the compensatory damage award as to Tierra Builders, Inc. but reverse as to the punitive damage award against Tierra and remand for a new trial on that issue. Under Florida law unsworn pleadings from another lawsuit are not admissible unless it is demonstrated that the party against whom the pleadings are to be used supplied the information contained therein. Davidson v. Eddings, 262 So.2d 232 (Fla. 1st DCA), cert. denied, 269 So.2d 371 (Fla.1972); see also Brickley v. Atlantic Coastline R. Co., 153 Fla. 1,13 So.2d 300…