PONTI v. BARONOWSKY (2024)

District Court of Appeal of Florida, Fourth District.

Carlo PONTI f/k/a Carlo Ponti Maiorano, Appellant, v. Kevin BARONOWSKY, Appellee.

No. 4D2023-2859

Decided: September 11, 2024

Warren P. Gammill of Warren Gammill & Associates, P.L., Miami, for appellant. Julissa Rodriguez of Shutts & Bowen LLP, Miami, David O. Batista of Shutts & Bowen LLP, Fort Lauderdale, and Melodie Khosrovani of Shutts & Bowen LLP, Tampa, for appellee.

Affirmed.

Based upon my dissent in Federal Insurance Company v. Perlmutter, 376 So. 3d 24 (Fla. 4th DCA 2023), I would reverse the trial court's order denying appellant's motion to add a claim for punitive damages, as the trial court weighed the evidence and made credibility determinations, which should have been properly left to the jury. The plaintiff's proffer of evidence to support its claim for punitive damages was adequate.

Per Curiam.

Ciklin and Kuntz, JJ., concur. Warner, J., dissents with opinion.

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