Florida Law Weekly – February 8, 2019
Business Telecommunications Services, Inc. v. Madrigal, 3rd DCA
In this case, the Court denied the defendant certiorari relief from the Trial Court’s Order requiring the production of a surveillance video prior to the plaintiff’s deposition in a personal injury case. In doing so, the Court noted the difference between surveillance conducted after the incident (to be used for impeachment purposes) and video taken at or near the time of the incident.
Cat Cay Yacht Club, Inc., v. Diaz, 3rd DCA
The Third District granted certiorari relief and quashed an Order granting the plaintiff’s motion for leave to file an amended complaint and assert punitive damages. In doing so, the Court held that the Trial Court was required to make specific findings setting forth what evidence it considered sufficient to provide a reasonable basis for granting the amendment. In doing so, the Court expressed that a Trial Court was required to “do more than just accept the allegations as true.” Additionally, the Court noted that the Trial Court did not consider the fact that the issues raised may have been legally insufficient to permit punitive damages.