Legal Opinion

WG Evergreen Woods SH, LLC v. Fares

District Court of Appeal of Florida

Decided December 30, 2016No. Case No. 5D16-1204PublishedCited by 3 opinions

1Opinion of the CourtEdwards, J.

In this case, we answer the question of whether Florida Rule of Civil Procedure 1.190(f) requires the trial court to conduct a hearing before granting leave to amend to add claims for punitive damages. Petitioners,1 the defendants below, seek a writ of certiorari to quash the trial court’s order granting Respondent, the plaintiff below, leave to file an amended complaint asserting a claim for punitive damages. First, Petitioners claim that by granting the motion to amend without holding a hearing, the trial court failed to provide the procedural due process required by rule 1.190(f). Second,…

2Cases cited10 opinions

  1. Globe Newspaper Co. v. KingSupreme Court of Florida · 1995
  2. Estate of Despain v. Avante Group, Inc.District Court of Appeal of Florida · 2005
  3. Simeon, Inc. v. CoxSupreme Court of Florida · 1996
  4. Berkheimer v. BerkheimerDistrict Court of Appeal of Florida · 1985
  5. Kozich v. Hartford Ins. Co.District Court of Appeal of Florida · 1992

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3Cited by3 opinions

  1. Chiu v. Wells Fargo BankDistrict Court of Appeal of Florida · 2018
  2. Cat Cay Yacht Club, Inc. v. DiazDistrict Court of Appeal of Florida · 2019
  3. Cat Cay Yacht Club, Inc. v. DiazDistrict Court of Appeal of Florida · 2019

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