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STEPHANOS v. PAINE

No. 98-3103.

727 So.2d 1075 (1999)

Bleau STEPHANOS, Petitioner, v. Richard Charles PAINE, Respondent.

District Court of Appeal of Florida, Fourth District.

February 24, 1999.

Attorney(s) appearing for the Case

Daniel M. Le Vay and Eric R. Hoecker of The Law Offices of Figueroa, Gonzalez & Hoecker, West Palm Beach, for petitioner.

Michael J. Burley, Tequesta, for respondent.

WARNER, J.

Contrary to the provisions of section 768.72, Florida Statutes (1997), the respondent filed a second amended complaint claiming punitive damages without first obtaining leave of court. When the petitioner moved to dismiss the complaint for failure to follow the statutory procedures, the trial court denied the motion, believing there was no need to go through the formality of an evidentiary hearing when the respondent...

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