Cat Cay Yacht Club, Inc. v. Diaz
The Third DCA granted certiorari and quashed a trial court order permitting the plaintiff to amend to add punitive damages claims against a not-for-profit club and fourteen directors. The court held that merely receiving a 'box' of documents, asking a few questions, and entering a one-word 'Granted' order — without identifying the evidence constituting a reasonable basis under section 768.72 and without differentiating among counts and defendants — departed from the essential requirements of law.
Key facts
- Cat Cay Yacht Club, Inc., a not-for-profit club, and fourteen of its directors were sued; plaintiff sought to amend the complaint to add punitive damages claims against all defendants across seven counts.
- The trial court granted the amendment motion by a pre-printed form order marked 'Granted' with no written findings, no identification of evidence supporting a reasonable basis under section 768.72, and no differentiation among the counts or defendants.
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Why it matters
This is a useful roadmap for defense counsel opposing section 768.72 amendments: the opinion contrasts a bare 'Granted' form order with the detailed, record-cited findings approved in Levin v. Pritchard, giving a… — full analysis with a trial
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