DeWitt v. Agorive NV

• Decision Date: 13 November 2019
• Docket Number: No. 3D19-1638,3D19-1638
• Citation: 282 So.3d 1022 (Mem)
• Parties: Suzanne DEWITT, Petitioner, v. AGORIVE NV, etc., et al., Respondents.
• Court: Florida District Court of Appeals

282 So.3d 1022 (Mem)

Suzanne DEWITT, Petitioner,

v.AGORIVE NV, etc., et al., Respondents.

No. 3D19-1638

District Court of Appeal of Florida, Third District.

Opinion filed November 13, 2019

Kozyak Tropin & Throckmorton LLP, and Dyanne E. Feinberg, Gail A. McQuilkin, Miami, and John I. Criste, Jr., Coral Gables, for petitioner.

Damian & Valori LLP, and Melissa D. Visconti and Peter F. Valori, Miami, for respondents.

Before EMAS, C.J., and FERNANDEZ and MILLER, JJ.

PER CURIAM.

Petition denied.See§ 768.72, Fla. Stat.(2019);Cat Cay Yacht Club, Inc. v. Diaz, 264 So. 3d 1071, 1074(Fla. 3d DCA2019)(noting that in order to obtain certiorari relief from an order granting a motion to amend complaint to assert a claim for punitive damages, "the petitioners must establish that the trial court departed from the essential requirements of law, causing material injury to the petitioners for which there is no adequate remedy on appeal" and recognizing that the appellate court's review is limited to whether the trial court" ‘has conformed with the procedural requirements of section 768.72 ’ but the scope of review is ‘not so broad as to encompass review of the sufficiency of the evidence considered in that inquiry’ "(quotingGlobe Newspaper Co. v. King, 658 So. 2d 518, 519(Fla.1995) ));Levin v. Pritchard, 258 So. 3d 545, 547(Fla. 3d DCA2018)(same and noting "certiorari relief is only appropriate ‘when the record establishes that a trial court applied the wrong law; certiorari relief is not available to remedy an incorrect application of the correct law’ "(quotingTRG Desert Inn Venture, Ltd. v. Berezovsky, 194 So. 3d 516, 519(Fla. 3d DCA2016) ));Robins v. Colombo, 253 So. 3d 94, 96(Fla. 3d DCA2018)(holding"this court is not permitted to reweigh a trial court's finding of a sufficient evidentiary basis for...