CopyCited 24 times | Published | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 4167, 2007 WL 837221
...ments emanating from this state by companies who have decided to locate their headquarters here. I agree that the trial court did not abuse its discretion in the sanctions imposed on Morgan Stanley for substantial violations of court orders. [5] See § 768.725, Fla....
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CopyCited 14 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 149, 2010 Fla. LEXIS 302
...If a claim for punitive damages is made pursuant to F.S.
624.155, use this instruction instead of instructions 503.1 and 503.2. For common law punitive damages claims, see instructions 503.1 and 503.2. 2. The committee has assumed that the clear and convincing evidence burden of proof provided in F.S.
768.725 applies to punitive damages claims made pursuant to F.S....
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Cited "but see"Risen (2016)phrase: "but see"
Cited "but see"Kessler (2010)phrase: "but see"
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 1375, 41 Fla. L. Weekly Fed. D 321
...constituted a conscious disregard or indifference to the life, safety, or rights of persons
exposed to such conduct." §
768.72(2)(b).
At trial, a plaintiff is required to establish the entitlement to an award of
punitive damages by clear and convincing evidence. §
768.725.
When claims for punitive damages are made, the respective
provinces of the court and jury are well defined....
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CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 9823
...However, we conclude that the letter does not create an issue of
material fact as to bad faith and punitive damages.
6
Under Florida law, “the plaintiff must establish at trial, by clear and convincing
evidence, its entitlement to an award of punitive damages.” Fla. Stat. § 768.725 (emphasis
added)....
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CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 17 Fla. L. Weekly Fed. B 102, 2003 Bankr. LEXIS 1927
...That section provides that no claim for punitive damages may be permitted unless there is an evidentiary basis to support it. Id. Moreover, the party seeking punitive damages must establish their entitlement by clear and convincing evidence. Fl.St. § 768.725....
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Cited as authoritySharrard (2004)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 510, 2003 Fla. LEXIS 1074, 2003 WL 21467238
...ice; and 2. these acts were willful, wanton, and malicious, or in reckless disregard for the rights of the [insured] [beneficiary]. * Note: The Committee has assumed that the clear and convincing evidence burden of proof provided in Florida Statutes section
768.725 applies to punitive damages claims made pursuant to Florida Statutes section
624.155....
CopyPublished | Florida 3rd District Court of Appeal
...order granting leave to amend to assert claims for punitive damages.
5
Our opinion is limited to the issue before us, which is whether Arevalo
satisfied the punitive damages pleading requirement. We express no
opinion on the merits of Arevalo’s punitive damages claims. See § 768.725
(“In all civil actions, the plaintiff must establish at trial, by clear and convincing
evidence, its entitlement to an award of punitive damages....
CopyPublished | Florida 3rd District Court of Appeal
...ich the juries had been
instructed using the same or substantially similar instruction . . . .” Id. at 646.
The court further explained that “[t]he Estate bore the burden to prove
entitlement to punitive damages by clear and convincing evidence. §
768.725, Fla....
CopyPublished | Florida 3rd District Court of Appeal
...concern, and what they convey, in their context, is what the text means.’”
Ham v. Portfolio Recovery Assocs., LLC,
308 So. 3d 942, 946 (Fla. 2020)
(quoting Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation
of Legal Texts 56 (2012)).
Section
768.725, Florida Statutes (2024), governs the plaintiff’s
burdens of proof in a punitive damages action:
In all civil actions, the plaintiff must establish at
trial, by clear and convincing evidence, its
entitlement to an award of punitive damages....
...2d 523 (Fla. 3d DCA 1987); Lawson v. Latham,
564 So. 2d 1216 (Fla. 3d DCA 1990); and ICMfg & Assocs., Inc. v. Bare Bd.
Grp., Inc.,
238 So. 3d 326 (Fla. 2d DCA 2017). However, none of these
16
cases discusses section
768.725. Indeed, two of the cases were decided
before 1999, which is when the statute was enacted. See Ch. 99-225, § 21,
Laws of Fla. Moreover, in ICMfg, which was decided after section
768.725’s
enactment but does not contain discussion of any provision in Chapter 768,
the trial court found that despite the default, the counter-plaintiff had proven
entitlement to punitive damages....
...3d at 332 (“Although the trial court
had previously entered a default on liability against the Appellants, it
specifically found that [the counter-plaintiff] had proven the elements of each
cause of action alleged in its counterclaim.”).
Because section 768.725 requires the Tenant to “establish at trial, by
clear and convincing evidence, its entitlement to an award of punitive
damages[,]” we reverse the punitive damages award and remand for a trial
on entitlement.
C....
CopyPublished | District Court, S.D. Florida | 2004 U.S. Dist. LEXIS 29563, 2004 WL 3774858
...1975) (punitive damages award upheld where evidence showed a continued course of dishonest dealing on the part of the insurer toward the insured). A party must establish its entitlement to an award of punitive damages by clear and convincing evidence. Fla. Stat. § 768.725....
CopyPublished | Florida 4th District Court of Appeal
...egislation that
it was “revising provisions with respect to limitations on punitive damages;
providing monetary limitations; providing for the effect of certain previous
punitive damages awards.” Ch. 99-225, Laws of Fla. It also enacted
sections 768.725, .735, .736, and .737, Florida Statutes. Ch. 99-225,
Laws of Fla. Relevant here, section 768.725 was enacted to “provid[e] for
evidentiary standards for an award of punitive damages.” Ch....
CopyPublished | Florida 3rd District Court of Appeal
...espect to the amount of the punitive
damages award. Because the Tenant did not establish at trial, by clear and
convincing evidence, entitlement to punitive damages, we reversed the
punitive damages award and remanded for further proceedings. See §
768.725, Fla....
