COMWAY TRADE LOGISTICS LLC v. CURET (2025)

District Court of Appeal of Florida, Third District.

COMWAY TRADE LOGISTICS, LLC, Appellant, v. Sebastian CURET, et al., Appellees.

No. 3D24-1275

Decided: January 22, 2025

Before FERNANDEZ, LOBREE and GOODEN, JJ.

Mark, Migdal & Hayden, Jose M. Ferrer, and Desiree E. Fernandez, for appellant. Walter Appeals & General Litigation, and Mary J. Walter (Orlando), for appellees, Sebastian Curet and Tradefin International, LLC; Liebler, Gonzalez & Portuondo, and Alan M. Pierce, for appellee, Bank of America, N.A.; Law Offices of Victor K. Rones, P.A., and Victor K. Rones, for appellees, Amerant Bank NA and Amerant Investments, Inc.

Appellant Comway Trade Logistics, LLC appeals an order denying its motion to amend its complaint to add a claim for punitive damages. We find that Comway Trade Logistics failed to make a reasonable showing which would provide a reasonable basis for recovery of punitive damages. § 768.72(1) Fla. Stat. (2024). Therefore, the trial court properly performed its gatekeeping function. See Palm Bay Towers Condo. Ass'n, Inc. v. Marrazza, ––– So.3d ––––, ––––, 2025 WL 15530, at *2 (Fla. 3d DCA Jan. 2, 2025) (“Thus, the trial court serves as a ‘gatekeeper,’ whose function is to assess whether there is a reasonable evidentiary basis for recovery.”); Manheimer v. Florida Power & Light Co., 48 Fla. L. Weekly D1495, *3, ––– So.3d ––––, ––––, 2023 WL 4919540 at *3 (Fla. 3d DCA Aug. 2, 2023) (“A trial court must weigh both parties’ showings when considering whether the evidence or proffer is sufficient to establish a reasonable evidentiary basis for recovery of punitive damages.”); accord Fed. Ins. Co. v. Perlmutter, 376 So. 3d 24, 31-32 (Fla. 4th DCA 2023).

Affirmed.

PER CURIAM.

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