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.
Key facts
- Joseph Caparo filed a counterclaim alleging that Annesser Armenteros, PLLC and its attorneys aided and abetted a client (Ocomo) in committing fraud and breaches of fiduciary duty by drafting and recording a fraudulent quit claim deed.
- John Annesser was the managing partner and the only partner involved in Ocomo's representation; at his direction, a law firm associate prepared the quit claim deed.
- +2 more key facts with a free trial
Holdings
- Standard of review for punitive damages amendment orders is de novo; the court tests the proffer's sufficiency in the light most favorable to the moving party without accepting conclusory…
- +3 more holdings with a free trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
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.