Am. Heritage Life Ins. Co. v. Smith, 263 So. 3d 133 (2018)

Nov. 13, 2018 · District Court of Appeal of Florida, First District · No. 1D18-844
263 So. 3d 133

AMERICAN HERITAGE LIFE INSURANCE COMPANY, Petitioner,
v.
Norma Jo SMITH and DGT, Inc., Respondents.

No. 1D18-844

District Court of Appeal of Florida, First District.

November 13, 2018
Rehearing Denied January 22, 2019

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.

Per Curiam.

*134In 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) ; Munroe 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..