Goldman v. Lewin

In an appeal from a non-final order permitting amendment to add punitive damages claims arising from abuse-of-process, conspiracy, and malicious-prosecution claims among feuding relatives, the Third DCA held that its prior decision in Cat Cay Yacht Club v. Diaz \the evidence supporting a section 768.72(1) proffer\u2014has been superseded by the Florida Supreme Court's decision in Perlmutter v. Federal Insurance Co. The court affirmed the punitive damages amendment as to two defendants but reversed as to a third, holding that filing suit without probable cause or personal knowledge, standing alone, does not establish 'intentional misconduct' under section 768.72(2).

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