Where Are We Now? Punitive Damages Claims in Fla. 2 Years Post-Interlocutory Review Rule Change
The appellate courts are serving as well-needed checkpoints to ensure the trial courts are performing their gatekeeper duties, and a call has been sounded for the Florida Supreme Court to address conflicts that have surfaced in the different district courts of appeal.
March 15, 2024 at 01:58 PM
8 minute read
Special SectionsFlorida trial courts have long been tasked as gatekeepers for deciding whether to allow claims for punitive damages to proceed to a jury. Two years ago, the Florida Rules of Appellate Procedure changed to allow district courts of appeal to review orders granting or denying leave to amend to add a claim for punitive damages by interlocutory appeal. Now the appellate courts are serving as well-needed checkpoints to ensure the trial courts are performing their gatekeeper duties, and a call has been sounded for the Florida Supreme Court to address conflicts that have surfaced in the different district courts of appeal.
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