Broward Care at Home, LLC v. Shook
The Fourth District reversed a nonfinal order allowing the plaintiff to amend his complaint to add punitive damages claims. The plaintiff failed to attach the proposed amended complaint to his motion and did not file it until seven days before the hearing, violating Florida Rule of Civil Procedure 1.190's requirement that the proposed pleading be attached and served at least twenty days before the hearing.
Key facts
- Broward Care at Home, LLC sued Shook seeking damages; Shook moved to amend his complaint to add punitive damages claims.
- Shook's amended complaint was not attached to his motion and was filed only seven days before the hearing, violating Florida Rule of Civil Procedure 1.190's requirements.
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Why it matters
Punitive-damages amendment orders are reviewable on nonfinal appeal, and this opinion gives defense counsel a crisp, citable procedural ground for reversal independent of the evidentiary proffer: noncompliance with rule… — full analysis with a trial
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