FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-844
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AMERICAN HERITAGE LIFE
INSURANCE COMPANY,
Petitioner,
v.
NORMA JO SMITH and DGT, INC.,
Respondents.
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Petition for Writ of Certiorari—Original Jurisdiction.
November 13, 2018
PER CURIAM.
In this certiorari proceeding, Petitioner seeks review of the
order allowing Respondents to amend their counterclaim against
Petitioner to assert a claim for punitive damages. The scope of our
review is limited to determining whether the trial court complied
with the procedural requirements in section 768.72, Florida
Statutes; we do not have jurisdiction to review the sufficiency of
the evidence proffered to support the punitive damages claim. See
Simeon, Inc. v. Cox,
671 So. 2d 158, 160 (Fla. 1996); Globe
Newspaper Co. v. King,
658 So. 2d 518, 520 (Fla. 1995); Monroe
Health Systems, Inc. v. Estate of Gonzales,
795 So. 2d 1133, 1134
(Fla. 5th DCA 2001).
Here, the trial court complied with the applicable procedural
requirements. Respondents proffered evidence to support their
punitive damage claim, and after a hearing, the trial court entered
a thorough order finding the proffer to be sufficient to support the
claim. Accordingly, the petition for writ of certiorari is DENIED.
B.L. THOMAS, C.J., and WETHERELL and WINSOR, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Christopher M. Cobb and Kayla A. Haines of Jimerson & Cobb,
P.A., Jacksonville, for Petitioner.
Alexander D. Brown and Adam S. Goldman of The Concept Law
Group, P.A., Fort Lauderdale, for Respondents.
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