I was heading to the courthouse for another hearing this morning, but thought I'd check the docket sheet on our favorite case (Kelly v. Shad) before I left just to see if there was any action.
Low and behold, what did I see, but a motion to proffer punitive damages filed by the punchee. (Cute, huh? My daughters into rhymes these days.)
In Florida, a plaintiff cannot allege punitive damages out of the box. There must be a proffer of evidence to the court requesting permission to add a claim for punitive damages. Apparently Tim Kelly has done just that.
I'll report back later once I've looked at the motion.
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