Yellowfin Yachts, LLC v. Carl Austin Rosen
The Third District affirmed an order granting leave to add a punitive damages claim against a boat manufacturer on fraudulent misrepresentation and FDUTPA claims. Applying the Florida Supreme Court's 2026 decision in Perlmutter, the court confirmed that a trial court ruling under section 768.72(1) must rely exclusively on the claimant's proffer viewed in the light most favorable to the claimant, and may not weigh the defendant's competing evidentiary submission.
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