Manheimer v. Florida Power & Light Company
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.
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