Torts
— Punitive damages — Appeals — Certiorari — Order granting leave to assert
punitive damages claim quashed where neither trial court’s verbal comments nor
written order demonstrated whether trial court found that plaintiff
demonstrated reasonable basis for seeking punitive damages

PETRI POSITIVE PEST CONTROL, INC., a Florida Corporation, Petitioner, v.
CCM CONDOMINIUM ASSOCIATION, INC., a Florida Non-Profit Corporation d/b/a
Country Club Manor Condominium Association, Respondent. 4th District. Case No.
4D14-4728. September 24, 2015. Petition for writ of certiorari to the Circuit
Court for the Seventeenth Judicial Circuit, Broward County; Marina Garcia-Wood,
Judge; L.T. Case No. 13-027168-18 CACE. Counsel: Daniel M. Schwarz, Scott A.
Cole and Gregory J. Willis of Cole, Scott & Kissane, P.A., Miami, for
petitioner. Eric C. Edison and Thomas P. Angelo of Angelo & Banta, P.A.,
Fort Lauderdale, for respondent.

(PER CURIAM.) Petitioner, Petri Positive Pest Control, Inc. (Petri), seeks
certiorari relief from a November 12, 2014 order granting respondent CCM
Condominium Association, Inc.’s (CCM) motion for leave to assert a punitive
damages claim. See § 768.72, Fla. Stat. (2014). Certiorari review is
available to determine whether a trial court has complied with the procedural
requirements of section 768.72, but not the sufficiency of the evidence. See
Globe Newspaper Co. v. King, 658 So. 2d 518, 520 (Fla. 1995).

Although the trial court held a hearing on the matter, neither the court’s
verbal comments nor written order indicate whether it found that CCM
demonstrated a reasonable basis for seeking punitive damages. “[W]e read
section 768.72 as creating a positive legal right in a party not to be
subjected to financial worth discovery until the trial court has first made an affirmative
finding that there is a reasonable evidentiary basis for the punitive
damages claim to go to the jury.” Henn v. Sandler, 589 So. 2d 1334, 1335
(Fla. 4th DCA 1991) (emphasis added). We quash the order on review and remand
for the trial court to enter its affirmative findings or, if necessary, hold
further proceedings consistent with this opinion. (STEVENSON, GROSS and FORST,
JJ., concur.)