BROWARD CARE AT HOME LLC LLC LLC v. SHOOK LLC (2026)

District Court of Appeal of Florida, Fourth District.

BROWARD CARE AT HOME, LLC, Atlantic Home Health Agency of South Florida, LLC, Homecare Partners Management, LLC, David Chris Rucker, Ryan Ruskin, Brian Johnson, and James Sprigs, Appellants, v. Andrew SHOOK and Assist Nursing Agency, LLC, Appellees.

No. 4D2026-0220

Decided: October 21, 2026

Samuel B. Spinner of Carlton Fields, Miami, and David J. Carrier of Carlton Fields, Minneapolis, Minnesota, Pro Hac Vice, for appellants. Brigid F. Cech Samole and Elizabeth C. Sardinas of Greenberg Traurig, P.A., Miami, for appellees.

We reverse the order granting the plaintiff leave to amend his complaint to assert punitive damages claims. Florida Rule of Civil Procedure 1.190 requires the proposed amended pleading to be attached to the motion and served at least twenty days before the hearing. Cowan v. Levai, 427 So. 3d 147, 150–51 (Fla. 3d DCA 2025); Taylor v. City of Lake Worth, 964 So. 2d 243, 244 (Fla. 4th DCA 2007). The plaintiff neither attached the proposed amended complaint to his motion nor filed his proposed amended complaint until seven days before the hearing.

Reversed and remanded.

Per Curiam.

May, Gross and Shepherd, JJ., concur.

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