Filed: Feb. 07, 2018
Latest Update: Mar. 03, 2020
Summary: 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), f
Summary: 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), fo..
More
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.
2