Phoenix Management Services v. Waterchase Homeowners’ Association, 49 Fla. L. Weekly D236 (Fla. 4th DCA Jan. 24, 2024):

The case turned on the management company’s refusal to return association records to the association.  In order to amend to add a claim for punitive damages, the trial court must make a preliminary determination of whether a reasonable jury viewing the totality of the proffered evidence in a light most favorable to the movant, could find by clear and convincing evidence that punitive damages are warranted.  

In this case, the association failed to provide any evidence of intentional or grossly negligent misconduct that was outrageous and reprehensible enough to merit punishment (which is what the 4th District now requires after the Perlmutter case). 

In what has become common place these days, the court reversed the permission the trial court gave to the plaintiff to amend for punitive damages.