Paul Cowan v. Rosemary Levai, etc., et al.

Summary

The Florida Third District Court of Appeal held that a motion to amend a pleading to add punitive damages must attach the proposed amended pleading and comply with Florida Rule of Civil Procedure 1.190(a) and (f). Because the Levais did not attach the proposed amended complaint at least 20 days before the hearing, the court vacated the order granting leave to amend and remanded with instructions to deny the motion. The court did not decide whether the Levais’ evidentiary proffer was otherwise sufficient to support punitive damages.

Holdings

1. An order granting leave to amend pleadings to add a claim for punitive damages is reviewable as a non-final order under Florida Rule of Appellate Procedure 9.130(a)(3)(G).
2. A motion to amend a pleading to add punitive-damages claims must comply with both Florida Rule of Civil Procedure 1.190(a), requiring attachment of the proposed amended pleading, and rule 1.190(f), requiring service at least twenty days before the hearing.
3. Because the Levais failed to attach the proposed amended complaint to their motion at least twenty days before the hearing, the trial court erred in granting leave to amend; the order must be vacated and the motion denied.

Questions Presented

1. Whether the court had jurisdiction to review an order granting leave to amend pleadings to add punitive-damages claims.
2. Whether a motion to amend pleadings to add punitive-damages claims must attach the proposed amended pleading at least twenty days before the hearing under Florida Rules of Civil Procedure 1.190(a) and (f).
3. Whether the trial court erred by granting the noncompliant motion to amend.

Disposition

reversed_and_remanded