Palm Bay Towers Condominium Association, Inc. v. Marrazza
The Third DCA reversed a nonfinal order allowing condominium unit owners to amend their complaint to add a punitive damages claim against their condominium association. The court held that section 768.72 requires both an adequate pleading component and a supporting evidentiary proffer, and that the owners' counts for breach of contract, negligence, accounting and section 718.116(10) violations contained no allegations of gross negligence or intentional misconduct, while the sole count alleging intentional bad-faith self-dealing (pled on 'information and belief') lacked any supporting proffer or record evidence.
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