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3rd DCAAugust 2, 2023Affirmed⭐ Notable

Manheimer v. Florida Power & Light Company

Case No. 3D2022-1534

Manheimer sought leave to amend to add a punitive damages claim against FPL after discovering an underground powerline had mistakenly shifted 2.3 feet onto his property during boring installation. The Third DCA affirmed the denial, holding that a mistaken trespass with no unreasonable delay in remedying it and no resulting damage cannot support punitive damages, and that FPL's litigation of its own asserted rights as a public utility could not itself supply a basis for punitive damages.

Key facts

  • Manheimer sought leave to amend his complaint to add a punitive damages claim against Florida Power & Light Company after discovering an underground powerline had mistakenly shifted 2.3 feet onto his property during boring installation.
  • The trial court denied Manheimer's motion to amend, and the Third District Court of Appeal affirmed, holding that a mistaken trespass with no unreasonable delay in remedying it and no resulting damage cannot support punitive damages.
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Why it matters

This is a useful defense-side authority on the section 768.72 gatekeeping function, confirming that the trial court weighs both sides' evidence in an inquiry 'more intensive than at summary judgment' and that de novo… — full analysis with a trial

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