Munroe Reg. Health Sys., Inc. v. Est. of Gonzales, 795 So. 2d 1133 (Fla. 5th DCA 2001). · Go Syfert
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Munroe Reg. Health Sys., Inc. v. Est. of Gonzales, 795 So. 2d 1133 (Fla. 5th DCA 2001). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) American Heritage Life Insurance Company v. Norma Jo Smith and DGT, Inc.
Fla. Dist. Ct. App. · 2018 · confidence medium
See Simeon, Inc. v. Cox, 671 So. 2d 158, 160 (Fla. 1996); Globe Newspaper Co. v. King, 658 So. 2d 518, 520 (Fla. 1995); Monroe Health Systems, Inc. v. Estate of Gonzales, 795 So. 2d 1133, 1134 (Fla. 5th DCA 2001).
discussed Cited as authority (rule) Brevard Achievement v. Camp
Fla. Dist. Ct. App. · 2018 · confidence medium
"Certiorari review is available to determine whether the trial court complied with all applicable requirements and analysis before granting a motion to amend pleadings to assert claims for punitive damages." Varnedore v. Copeland, 210 So. 3d 741, 744 (Fla. 5th DCA 2017) (citing Globe Newspaper Co. v. King, 658 So. 2d 518, 520 (Fla. 1995); Tilton v. Wrobel, 198 So. 3d 909, 910 (Fla. 4th DCA 2016); Munroe Reg'l Health Sys., Inc. v. Estate of Gonzales, 795 So. 2d 1133, 1134 (Fla. 5th DCA 2001)). "[A]pplicable statutes and controlling judicial precedent" govern the legal standard with which to ass…
cited Cited as authority (rule) Varnedore v. Copeland
Fla. Dist. Ct. App. · 2017 · confidence medium
See Globe Newspaper, 658 So.2d at 520 ; Tilton v. Wrobel, 198 So.3d 909, 910 (Fla. 4th DCA 2016); Munroe Reg’l Health Sys., Inc. v. Estate of Gonzales, 795 So.2d 1133, 1134 (Fla. 5th DCA 2001).
cited Cited as authority (rule) Rodriguez v. Copeland
Fla. Dist. Ct. App. · 2017 · confidence medium
See Globe Newspaper, 658 So. 2d at 520 ; Tilton v. Wrobel, 198 So. 3d 909, 910 (Fla. 4th DCA 2016); Munroe Reg’l Health Sys., Inc. v. Estate of Gonzalez, 795 So. 2d 1133, 1134 (Fla. 5th DCA 2001).
cited Cited "see" Estate of Esterline v. Avante At Leesburg, Inc.
Fla. Dist. Ct. App. · 2003 · signal: see · confidence high
See Munroe Reg’l Health Sys., Inc. v. Estate of Gonzales, 795 So.2d 1133 (Fla. 5th DCA 2001).
cited Cited "see, e.g." WG Evergreen Woods SH, LLC v. Fares
Fla. Dist. Ct. App. · 2016 · signal: see also · confidence medium
Tilton v. Wrobel, 198 So.3d 909, 910 (Fla. 4th DCA 2016); see also Munroe Reg’l Health Sys., Inc. v. Estate of Gonzales, 795 So.2d 1133, 1134 (Fla. 5th DCA 2001).
Retrieving the full opinion text from the archive…
MUNROE REGIONAL HEALTH SYSTEMS, INC. et al., Petitioners,
v.
The ESTATE OF Gustl J. GONZALES, etc., et al., Respondents.
5D01-2331.
District Court of Appeal of Florida, Fifth District.
Oct 5, 2001.
795 So. 2d 1133
Pleus.
Cited by 11 opinions  |  Published

[*1134] Thomas L. Schieffelin, Robin D. Black and Jennifer L. Phillips, of Hill, Adams, Hall & Schieffelin, P.A., Orlando, for Petitioners.

No Appearance for Respondents.

PLEUS, J.

Petitioners and defendants Munroe Regional Health Systems, Inc., and Big Sun Health Care Systems, Inc., seek certiorari review of the trial court's order granting the plaintiffs' motion for leave to amend their complaint to add a claim for punitive damages. Because the court's order is not reviewable by certiorari, we summarily dismiss the petition.

Petitioners mainly argue that the trial court "misinterpreted the relationship of Petitioners in the alleged action to any wrongdoers and misapplied the standard used to determine the findings necessary to sustain a motion to amend for punitive [damages]." It is evident that petitioners' arguments ultimately take issue with the sufficiency of the evidence that was proffered in support of the punitive damages claim. An appellate court has certiorari jurisdiction to review only whether the trial court has conformed with the procedural requirements of section 768.72, Florida Statutes, in allowing a punitive damages claim; the court does not have certiorari jurisdiction to determine whether there is sufficient evidence to allow a punitive claim. Ortega v. Silva, 712 So.2d 1148 (Fla. 4th DCA 1998). See also Globe Newspaper Co. v. King, 658 So.2d 518 (Fla.1995). Compare Stephanos v. Paine, 727 So.2d 1075 (Fla. 4th DCA 1999) (trial court departed from essential requirements of law by failing to dismiss amended complaint claiming punitive damages filed without first obtaining leave of court).

The trial court followed the procedural requirements of section 768.72, Florida Statutes (2000). In accordance with the statute, respondent properly sought leave of court, by filing a motion for leave to amend the complaint, to add a claim for punitive damages, and then proffered evidence in support of its punitive damages claim at the hearing on its motion. The petition for writ of certiorari is dismissed.

DISMISSED.

PETERSON, J., concurs.

COBB, J. concurs specially, with opinion.

COBB, J., concurring specially.

I am compelled to concur because of Globe Newspaper Co. v. King, 658 So.2d 518 (Fla.1995). However, I agree with Justice Anstead's dissent in Globe that certiorari should be available to review whether the plaintiff has established a preliminary evidentiary basis for a punitive damages claim. See § 768.72, Fla. Stat. Otherwise, the defendant is subject to improper financial discovery without any effective appellate review. His substantive right against such an intrusion therefore becomes illusory.