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SAPP v. OLIVARES

No. 4D19-2190, No. 19-2201.

288 So.3d 714 (2020)

Randolph SAPP, Petitioner, v. Monica OLIVARES, individually, and as Personal Representative of the Estate of Alberto Olivares, and Publix Super Markets, Inc., Respondents. Publix Super Markets, Inc., Petitioner, v. Monica Olivares, individually, and as Personal Representative of the Estate of Alberto Olivares, and Randolph Sapp, Respondents.

District Court of Appeal of Florida, Fourth District.

January 8, 2020.

Attorney(s) appearing for the Case

Cindy J. Mishcon of Lewis Brisbois Bisgaard & Smith LLP, Fort Lauderdale, for petitioner Randolph Sapp.

Edward G. Guedes , Richard B. Rosengarten , and Eric S. Kay of Weiss Serota Helfman Cole & Bierman, P.L., Coral Gables, for Petitioner Publix Supermarkets, Inc.

Raymond Valori , Michael Freedland and Melissa Gunion of Freedland Harwin Valori, P.L., Fort Lauderdale, and Kara Rockenbach Link and Daniel M. Schwarz of Link & Rockenbach, P.A., for respondent Monica Olivares, individually, and as Personal Representative of the Estate of Alberto Olivares.

Petitioners, Publix Supermarkets and Raymond Sapp, both seek certiorari review of an order granting plaintiff's motion to amend to seek punitive damages in this wrongful death cause of action. Section 768.72(1), Florida Statutes (2018), allows for the amendment of a civil action to state a claim for punitive damages when "there is a reasonable...

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