Florida 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.
Procedural Rules and Requirements for Bringing a Punitive Damages Claim
To pursue a claim for punitive damages, litigants must comply with the pleading requirements set forth in Florida Rule of Civil Procedure 1.190(a) and (f) and Section 768.72, Florida Statutes. Rule 1.190(a) requires litigants to obtain court approval before amending a claim to request punitive damages.
