Worth v. the Estate of Idelle Stern
This text of Worth v. the Estate of Idelle Stern (Worth v. the Estate of Idelle Stern) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed February 7, 2018. Not final until disposition of timely filed motion for rehearing.
________________
Nos. 3D17-907, 3D17-905 & 3D17-903 Lower Tribunal No. 13-34684 ________________
Theron H. Worth, et al., Petitioners,
vs.
The Estate of Idelle Stern, etc., et al., Respondents.
On Petitions for Writs of Certiorari from the Circuit Court for Miami-Dade County, Rodney Smith, Judge.
Wintter & Associates, P.A., and Christopher Q. Wintter and Max G. Soren (Hollywood), for petitioners.
Stok Folk + Kon, and Robert A. Stok and Joshua R. Kon, for respondents.
Before LOGUE, SCALES and LINDSEY, JJ.
PER CURIAM.
Our certiorari review of the trial court’s order granting Respondents’ motion
for leave to file a claim for punitive damages is limited to whether the trial court applied the correct law. TRG Desert Inn Venture, Ltd. v. Berezovsky, 194 So. 3d
516, 519 (Fla. 3d DCA 2016). While we might have concerns regarding the
sufficiency of the evidence proffered by Respondents as to the alleged intentional
misconduct or gross negligence of Petitioners, on this record we are unable to
conclude that the trial court, in adjudicating Respondents’ motion for punitive
damages, failed to apply the correct law, i.e., the procedural standards set forth in
section 768.72 of the Florida Statutes.
Petitions denied.
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