Jim Peacock Dodge, Inc. v. Russell

I respectfully dissent.

Jim Peacock Dodge, Inc., a defendant in the trial court, requested our certiorari review of the trial court’s order allowing amendment of the plaintiffs’ complaint to include a claim for punitive damages. The majority denies that review without comment.

I believe that the writ should be granted for two reasons:

1. As I stated in my dissent in Simeon, Inc. v. Cox, 655 So.2d 156 (1995), I believe that certiorari should be available to review an order that allows a plaintiff to pursue a claim for punitive damages when there is non-compliance with section 768.72, Florida…