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.
Key facts
- Palm Bay Towers Condominium Association, Inc. sued by condominium unit owners (Marrazza and others) for breach of contract, negligence, accounting violations, and violations of section 718.116(10) related to the association's failure to make repairs.
- Trial court granted owners' motion to amend their complaint to add a punitive damages claim; the Third DCA reversed, finding the amended complaint lacked sufficient allegations of gross negligence or intentional misconduct and the owners provided no supporting evidentiary proffer.
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Why it matters
A useful defense-side authority for condominium associations and corporate defendants opposing punitive damages amendments, emphasizing that the proposed pleading itself must allege gross negligence or intentional… — full analysis with a trial
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