JONES LLC v. RILEY (2021)

District Court of Appeal of Florida, First District.

Richard JONES and Precision Forestry Services, LLC, Petitioners, v. Charles RILEY, Respondent.

No. 1D20-3653

Decided: June 28, 2021

Samuel B. Spinner and Hinda Klein of Conroy Simberg, Hollywood, for Petitioners. No appearance for Respondent.

Denied. See Globe Newspaper Co. v. King, 658 So. 2d 518, 519 (Fla. 1995) (holding that certiorari jurisdiction exists in this context only to review whether the trial court has conformed with the procedural requirement under section 768.72, Florida Statutes, that there be a proffer or presentation of evidence to the trial court and “a determination that there is a reasonable evidentiary basis for recovery of punitive damages”); see also Watt v. Lo, 302 So. 3d 1021, 1024 (Fla. 1st DCA 2020) (citing § 786.72, Fla. Stat. (2019)) (holding that express or affirmative findings are not required to amend a complaint to add punitive damages; requiring instead “that the claimant make the necessary showing based on evidence in the record or proffered by the claimant”).

Per Curiam.

Osterhaus, Bilbrey, and Tanenbaum, JJ., concur.

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