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Caprio v. Castro

Third District Court of Appeal State of Florida
Jan 22, 2020
299 So. 3d 1147 (Fla. Dist. Ct. App. 2020)

Summary

quashing trial court’s order due to "proper and commendable confession of error" for failure to comply with requirements of section 768.72

Summary of this case from Downtown Towing Co. v. Energy-Cargo MGT, LLC

Opinion

No. 3D19-1248

01-22-2020

Louis CAPRIO, et al., Petitioners, v. Blanca Ledy CASTRO, Respondent.

Matthew Seth Sarelson, Miami, for petitioners. Billbrough & Marks, P.A., and G. Bart Billbrough, Coral Gables, for respondent.


Matthew Seth Sarelson, Miami, for petitioners.

Billbrough & Marks, P.A., and G. Bart Billbrough, Coral Gables, for respondent.

Before EMAS, C.J., and SCALES and LOBREE, JJ.

ON CONFESSION OF ERROR

PER CURIAM.

Petitioners filed the instant petition seeking certiorari review of the trial court's May 28, 2019 order that granted respondent's motion for leave to file an amended complaint to add a claim for punitive damages. Respondent has confessed error, noting that the trial court failed to comply with the procedural requirements of Section 768.72 of the Florida Statutes. See Cat Cay Yacht Club, Inc. v. Diaz, 264 So. 3d 1071, 1074-75 (Fla. 3d DCA 2019). In light of respondent's proper and commendable confession of error, we grant the petition and quash the trial court's May 28, 2019 order.

Petition granted; order quashed.


Summaries of

Caprio v. Castro

Third District Court of Appeal State of Florida
Jan 22, 2020
299 So. 3d 1147 (Fla. Dist. Ct. App. 2020)

quashing trial court’s order due to "proper and commendable confession of error" for failure to comply with requirements of section 768.72

Summary of this case from Downtown Towing Co. v. Energy-Cargo MGT, LLC
Case details for

Caprio v. Castro

Case Details

Full title:Louis Caprio, et al., Petitioners, v. Blanca Ledy Castro, Respondent.

Court:Third District Court of Appeal State of Florida

Date published: Jan 22, 2020

Citations

299 So. 3d 1147 (Fla. Dist. Ct. App. 2020)

Citing Cases

Downtown Towing Co. v. Energy-Cargo MGT, LLC

(quoting Varnedore v. Copeland, 210 So. 3d 741, 747–48 (Fla. 5th DCA 2017)); Varnedore, 210 So. 3d at 745…