Debra L. Feit and Stratford Law Firm, LLC v. Liliana Hernandez
In these consolidated appeals, the Fourth DCA affirmed the trial court's denial of leave to plead punitive damages. However, the court reversed the final judgment as a nullity because the trial court entered it while the nonfinal order was pending on appeal without obtaining appellate leave, in direct violation of Fla. R. App. P. 9.130(f). The case is remanded for reinstatement of the final judgment following completion of the nonfinal order appeal.
Key facts
- Appellants Debra L. Feit (an attorney) and Stratford Law Firm, LLC were defendants in a civil action brought by Liliana Hernandez in the Circuit Court for the Seventeenth Judicial Circuit, Broward County.
- The trial court denied appellants' motion for leave to plead a punitive damages claim, generating a nonfinal order that appellants immediately appealed under Fla. R. App. P. 9.130.
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Holdings
- Denial of leave to plead punitive damages is reviewed for reversible error, and absent such error the ruling will be affirmed.
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