New Florida Appellate Rule Impacts Litigation Practice For Punitive Damages

In a divided decision, the Florida Supreme Court has agreed to adopt an amendment to Rule 9.130, which allows parties to request immediate nonfinal appellate review of orders relating to punitive damages. Set to go into effect April 1st of this year, the rule provides for the interlocutory appeal of nonfinal orders granting or denying leave to amend a complaint to assert a claim for punitive damages.

Plaintiffs in Florida are accustomed to obtaining leave of court to add a claim for punitive damages and know that a showing of evidentiary support must be brought with that request. Florida Statute §768.72 "prohibits claims for punitive damages absent a reasonable showing by evidence in the record or proffered by the claimant which would find a reasonable basis for recovery of such damages."