940 Ocean Drive, LLC v. Sobe USA, LLC
In a commercial landlord/tenant dispute, the trial court struck the landlord's pleadings and defaulted it for fraud on the court after evidence showed the landlord hired a private investigator to pose as a hotel guest and manufacture noise citations against the tenant, then concealed the scheme in discovery. The Third DCA affirmed the sanctions order, the order granting leave to plead punitive damages, and the dismissal of a second, duplicative eviction action, but reversed the $17.4 million punitive damages award because section 768.725, Florida Statutes, requires the plaintiff to establish entitlement to punitive damages at trial by clear and convincing evidence inotwithstanding a default.
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