Annesser Armenteros, PLLC, et al. v. Joseph C. Caparo, Jr., et al.

The Third DCA affirmed in part and reversed in part a trial court order granting leave to amend a counterclaim to assert punitive damages, holding that while sufficient proffer existed against the law firm (because managing partner John Annesser directed the challenged conduct), no reasonable evidentiary basis existed to assert punitive damages against individual attorney Miguel Armenteros, whose name appeared on a fraudulent quit claim deed only due to an associate's inadvertent error. A special concurrence highlights the Florida Supreme Court's June 2026 Perlmutter decision, which establishes that the pleading-stage standard for punitive damages under § 768.72(1) is whether a reasonable person could conclude the defendant committed intentional misconduct or gross negligence — not clear and convincing evidence. This case matters to civil practitioners because it clarifies the distinction between individual and corporate punitive liability and applies the newly articulated Perlmutter standard for leave-to-amend motions.

Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.