Vital Pharmaceuticals, Inc. v. Kesten
The trial court granted leave to amend to add a punitive damages claim on March 10, 2022, before the April 1, 2022 effective date of new Florida Rule of Appellate Procedure 9.130(a)(3)(G) authorizing interlocutory appeals of such orders. Vital filed its notice of appeal on April 4, 2022, and Kesten moved to dismiss for lack of jurisdiction. The Third District denied the motion, holding that the effective-date inquiry for an amendment to the appellate rules turns on the date the appellate proceeding was commenced, not the date the nonfinal order was rendered.
Key facts
- Vital Pharmaceuticals sought to appeal a trial court order granting leave to amend a complaint to add punitive damages claims, which was entered on March 10, 2022, before the April 1, 2022 effective date of a new Florida appellate rule authorizing such interlocutory appeals.
- Vital filed its notice of appeal on April 4, 2022, after the new rule's effective date, and Kesten moved to dismiss the appeal for lack of jurisdiction based on the date the underlying order was rendered.
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Why it matters
This is the first Florida decision to resolve the transition question for the new punitive-damages interlocutory appeal rule, and it opens the door to direct appeals of orders rendered before April 1, 2022 so long as… — full analysis with a trial
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