New Rule Allows Faster Appeals for Punitive Damages in Florida

– Punitive damages are meant to punish the defendant for wrongful conduct and deter future misconduct by the defendant and others.
– In Florida, punitive damages are only appropriate when the defendant’s conduct is fraudulent, malicious, deliberately violent or oppressive, or committed with gross negligence.
– A plaintiff can only assert a claim for punitive damages if there is evidence in the record or presented by the claimant showing a reasonable basis for recovery of such damages.
– To add a claim for punitive damages, a plaintiff must file a motion with the court and present evidence showing a reasonable basis for recovery of punitive damages.
– The new rule change allows for immediate appeal of nonfinal orders granting or denying a plaintiff’s motion to amend its complaint to assert a claim for punitive damages.
– Prior to this rule change, challenging the trial court’s decision regarding punitive damages claim was limited to filing a petition for writ of certiorari with the appellate court, which had limitations. – Defendants were previously required to disclose financial information and potentially face uninsured losses without the ability to immediately appeal a trial court’s decision.
– The Florida Bar’s Appellate Court Rules Committee proposed an amendment to allow for the interlocutory appeal of nonfinal orders granting or denying leave to amend a complaint to assert a claim for punitive damages.
– Effective April 1, 2022, defendants can immediately appeal a trial court’s order permitting a plaintiff’s punitive damages claim to proceed.

https://www.jimersonfirm.com/blog/2022/04/new-florida-rule-authorizes-immediate-appeal-orders-permitting-punitive-damages/