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6th DCAAugust 14, 2026Reversed and Remanded⭐ Notable

Estancia US Limited Partnership d/b/a Latitude 26 Waterfront Resorts v. Tamoy Aji-Dawkins

Case No. 6D2025-0673

The Sixth DCA reversed an order granting leave to amend to add a punitive damages claim in a premises liability case where a PVC railing at a hurricane-damaged hotel collapsed. Applying the Florida Supreme Court's recent Perlmutter framework, the court held the deposition testimony did not support the plaintiff's theory that the hotel owner knew the railing was a dangerous "breakaway" railing or knew of a prior incident, and that plaintiff's trial counsel had misrepresented the record to the trial court. The court directed the Clerk to forward the opinion to The Florida Bar.

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