CopyCited 67 times | Published | Florida 1st District Court of Appeal | 2003 WL 22142519
...Appellee's claim for a violation of the nursing home residents' bill of rights (§
400.022) is controlled by the 2001 versions of the relevant statutory provisions. Effective May 15, 2001, those provisions were amended in significant respects. Ch.2001-45, Laws of Fla. Section
400.0237 was created, providing (in subsection (4)) that "[t]he plaintiff must establish at trial, by clear and convincing evidence, its entitlement to an award of punitive damages." Ch.2001-45, § 9, at 229, Laws of Fla....
CopyCited 37 times | Published | Florida 5th District Court of Appeal | 2005 WL 672090
...NOTES [1] We note that the pertinent provisions of the Florida Nursing Home Act found in chapter 400, Florida Statutes, were substantially amended in 2001. Specifically, the Legislature stated: Notwithstanding any other provision of this act to the contrary, sections
400.0237,
400.0238, 400.4297, 400.4298, Florida Statutes, as created by this act, and section
768.735, Florida Statutes, as amended by this act, shall become effective May 15, 2001; shall apply to causes of action accruing on or after May 15, 2001; and shall be applied retroactively to causes of action accruing before May 15, 2001, for which no case has been filed prior to October 5, 2001. Ch. 2001-45, § 62, Laws of Fla. Section
400.0237 was added to specifically provide for punitive damage awards under the Act. Because the cause of action in the instant case accrued in 1999 and suit was filed on May 5, 2000, the provisions of section
400.0237 are inapplicable....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2013 Fla. App. LEXIS 10753, 2013 WL 3357519
...Only section 12 of the agreement addresses damages, and it requires a preliminary “reasonable showing by evidence” of a “reasonable basis for recovery” of punitive damages, which “may only be awarded based on clear and convincing evidence and pursuant to Florida law.” This provision is consistent with section 400.0237, Florida Statutes (2010), which provides, in pertinent part: (1) In any action for damages brought under this part, no claim for punitive *864 damages shall be permitted unless there is a reasonable showing by evidence in the record...
...The “greater weight of the evidence” burden of proof applies to a determination of the amount of damages. While the proffered arbitration agreement does not speak to the use of “the greater weight of the evidence” standard to determine the amount of punitive damages as required by section 400.0237(4), it does not require to the contrary....
CopyPublished | Florida 2nd District Court of Appeal
...Sanders, as personal representative
of the Estate of Mary Hurst Curry, leave to amend her negligence and wrongful-death
action against them under chapter 400, Florida Statutes (2016), to include a claim for
punitive damages. Because we agree that the court failed to comply with the
procedural requirements of section 400.0237, we grant the petition and quash the order.
Pursuant to section 400.0237(1), "[a] claim for punitive damages may not
be brought under this part unless there is a showing by admissible evidence that has
been submitted by the parties that provides a reasonable basis for recovery of such
damages when the criteria in this section are applied." Section 400.0237 creates "a
substantive legal right" in chapter 400 proceedings "not to be subject to a punitive
damages claim and ensuing financial worth discovery until the trial court makes a
determination that there is a reasonable evidentiary basis for recovery of punitive
damages." Cf....
...2d 518, 519 (Fla. 1995) (holding
that in the context of section
768.72, Florida Statutes (1993), the punitive-damages
statute is generally applicable to civil actions). Because a plenary appeal cannot
restore a defendant's statutory right under section
400.0237, we have certiorari
jurisdiction to determine whether the trial court complied with the procedural
requirements of section
400.0237 in granting Sanders' motion for leave to amend....
...trial, will be able to demonstrate by clear and convincing
evidence that the recovery of such damages is warranted
under a claim for direct liability . . . or under a claim for
vicarious liability.
§ 400.0237(1)(b)....
...To establish direct liability, the evidence would have to show that the
nursing home defendants "actively and knowingly participated in intentional misconduct
or engaged in conduct that constitutes gross negligence and contributed to the loss,
damages, or injury suffered by the claimant." See § 400.0237(2)....
...To establish
vicarious liability, the evidence would have to show that an employee or agent of the
nursing home defendants had engaged in the above conduct and that "an officer,
director, or manager of [the nursing home defendants] condoned, ratified, or consented
to the specific conduct." See § 400.0237(3).
The trial court's order gave multiple appalling examples of staff dropping
the ball when it came to Ms....
...demonstrate by clear and convincing evidence that the recovery of punitive damages is
warranted against either or both of the nursing home defendants under a claim for either
direct or vicarious liability. Because the court did not follow the procedural requirements
of section 400.0237, we grant the nursing home defendants' petition and quash the
order granting leave to amend.
Petition granted; order quashed.
KELLY and BLACK, JJ., Concur.
-4-
CopyPublished | Florida 2nd District Court of Appeal
...Sanders, as personal representative
of the Estate of Mary Hurst Curry, leave to amend her negligence and wrongful-death
action against them under chapter 400, Florida Statutes (2016), to include a claim for
punitive damages. Because we agree that the court failed to comply with the
procedural requirements of section 400.0237, we grant the petition and quash the order.
Pursuant to section 400.0237(1), "[a] claim for punitive damages may not
be brought under this part unless there is a showing by admissible evidence that has
been submitted by the parties that provides a reasonable basis for recovery of such
damages when the criteria in this section are applied." Section 400.0237 creates "a
substantive legal right" in chapter 400 proceedings "not to be subject to a punitive
damages claim and ensuing financial worth discovery until the trial court makes a
determination that there is a reasonable evidentiary basis for recovery of punitive
damages." Cf....
...King,
658 So. 2d 518, 519 (Fla. 1995) (so
holding in the context of section
768.72, Florida Statutes (1993), the punitive-damages
statute generally applicable to civil actions). Because a plenary appeal cannot restore a
defendant's statutory right under section
400.0237, we have certiorari jurisdiction to
determine whether the trial court complied with the procedural requirements of section
400.0237 in granting Sanders' motion for leave to amend....
...trial, will be able to demonstrate by clear and convincing
evidence that the recovery of such damages is warranted
under a claim for direct liability . . . or under a claim for
vicarious liability.
§ 400.0237(1)(b)....
...To establish direct liability, the evidence would have to show that the
nursing home defendants "actively and knowingly participated in intentional misconduct
or engaged in conduct that constitutes gross negligence and contributed to the loss,
damages, or injury suffered by the claimant." See § 400.0237(2)....
...To establish
vicarious liability, the evidence would have to show that an employee or agent of the
nursing home defendants had engaged in the above conduct and that "an officer,
director, or manager of [the nursing home defendants] condoned, ratified, or consented
to the specific conduct." See § 400.0237(3).
As detailed in the trial court's order, the affidavit and deposition testimony
of the estate's expert and the supporting documentation identify multiple appalling
examples of staff dropping the ball when it came to Ms....
...amages is
warranted against either or both of the nursing home defendants under a claim for either
direct or vicarious liability. Because the court did not follow the procedural requirements
-4-
of section 400.0237, we grant the nursing home defendants' petition and quash the
order granting leave to amend.
Petition granted; order quashed.
KELLY and BLACK, JJ., Concur.
-5-
CopyPublished | Florida 5th District Court of Appeal
...January 12, 2024
KILBANE, J.
John Knox Village of Central Florida, Inc., and Lesly
Mompoint, as to Majestic Oaks (collectively “Appellants”), appeal
an order granting leave to amend to add a claim for punitive
damages pursuant to section 400.0237, Florida Statutes (2021),
entered in favor of the Estate of Alma Jane Lawrence (“Appellee”).
The trial court granted Appellee’s motion after “having reviewed
the proffered evidence, heard argument from the parties, and
being...
...would provide a reasonable basis for recovery of such
damages.
§
768.72(1), Fla. Stat.
Chapter 400 covers nursing homes and related health care
facilities. See Ch. 400, Fla. Stat. A punitive damages claim
brought under this chapter is subject to the requirements of
section
400.0237....
...under this part unless there is a showing by admissible
evidence that has been submitted by the parties that
2
provides a reasonable basis for recovery of such damages
when the criteria in this section are applied.
§
400.0237(1), Fla. Stat. The punitive damages claim in the
instant case was brought pursuant to section
400.0237. See Life
Care Ctrs. of Am., Inc. v. Croft,
299 So. 3d 588, 590 (Fla. 2d DCA
2020) (explaining that case law discussing section
768.72 is
significant and applicable, but section
400.0237 has different
procedural requirements).
Affirmative Findings Requirement
Under certiorari review, this Court found that “the trial court,
serving as a gatekeeper, is required to make an affirmative finding
th...
...rnedore
v. Copeland,
210 So. 3d 741, 747–48 (Fla. 5th DCA 2017); see also
E. Bay NC, LLC v. Reddish,
306 So. 3d 1225, 1227 (Fla. 2d DCA
2020) (requiring the trial court to make an affirmative finding for
punitive damages claims brought pursuant to section
400.0237).
“[T]he trial court’s failure to include any such finding, either orally
or in the written order, constitute[d] a departure from the essential
requirements of the law,” would cause irreparable harm, and
therefore results in reversal....
...(requiring trial courts to “make
written findings of fact” and “a specific, factual determination”).
Notwithstanding our agreement with Kovacs, we too must yield to
Varnedore because the operative statutes on which it is rooted
remain unaltered. See § 400.0237, Fla....
...court’s ruling on a motion for leave to amend a complaint to assert
a claim for punitive damages de novo. See Hosp. Specialists, P.A.
v. Deen, 48 Fla. L. Weekly D2214 (Fla. 5th DCA Nov. 21, 2023)
(citing Werner Enters., Inc. v. Mendez,
362 So. 3d 278, 281 (Fla. 5th
DCA 2023)). Section
400.0237 requires “a showing by admissible
evidence.” §
400.0237(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...ecting Petitioner
1 Under Chapter 400, "[a] defendant may be held liable for punitive damages only
if . . . defendant actively and knowingly participated in intentional misconduct or engaged
in conduct that constitutes gross negligence." § 400.0237(2), Fla. Stat. (2018). Moreover,
in the context of vicarious liability, the employer may only be liable for punitive damages
"if [it] condoned, ratified, or consented to the specific conduct." Id. § 400.0237(3).
3
to harm that cannot be remedied in a later plenary appeal....
