Vous êtes sur la page 1sur 2

IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION

DIVISION CASE NO.: 10-25018 CA 31 ALL STAR BOXING, INC., a Florida corporation, Plaintiff, vs. SAUL ALVAREZ, an individual, and, GOLDEN BOY PROMOTIONS, INC., a California corporation, Defendants. ORDER GRANTING PLAINTIFFS ALL STAR BOXING, INC.S MOTION FOR LEAVE TO AMEND COMPLAINT TO ADD CLAIM FOR PUNITIVE DAMAGES THIS CAUSE having come to be heard on Plaintiff All Star Boxing, Inc.s Motion For Leave To Amend Complaint To Add Claim For Punitive Damages (hereinafter the Motion), and the Court having reviewed Plaintiffs Motion, reviewed the file, having heard argument of counsel, and being otherwise advised in the premises, it is hereby, ORDERED AND ADJUDGED as follows: 1. Florida Statute 768.72 provides that in order for Plaintiff to be permitted to seek punitive damages, a reasonable showing by evidence in the record or proffered by Plaintiff must exist which would provide a reasonable basis for recovery of such damages. 2. Florida Statute 768.72 further provides that: A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence. As used in this section, the term: (a) Intentional misconduct means that the defendant had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in injury or damage. (b) Gross negligence means that the defendant's conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct. 3. In its motion, Plaintiff contends that it should be permitted to pursue punitive damages against Defendant Golden Boy Promotions, Inc. with respect to its claim for tortious interference with contractual relationship. 4. Florida courts have routinely permitted claims for punitive damages to proceed in relation to claims for tortious interference with contractual relationship or business relations. See, e.g., James Crystal Licenses, LLC v. Infinity Radio, Inc., 43 So.3d 68, 78 (Fla. 4th DCA 2010); Imperial Majesty Cruise Line, LLC v. Weitnauer Duty Free, Inc., 987 So.2d 706, 707 (Fla. 4th DCA 2008); Hospital Corp. of Lake Worth v. Romaguera, 511 So.2d 559, 561 (Fla. 4th DCA 1986); Slip-N-Slide Records, Inc. v. TVT Records, LLC, 2007 WL 3232274, at *17 (S.D. Fla. Oct. 31, 2007) (upholding an award of punitive damages for tortious interference with an advantageous business relationship and contractual relationship). 5. Plaintiff has sufficiently provided this Court with a reasonable showing by evidence in the record or has proffered such evidence to support a reasonable basis that Defendant Golden Boy Promotions, Inc. has engaged in intentional misconduct or gross negligence (as defined by Florida Statute 768.72) such that a reasonable basis exists as to the recovery of punitive damages against Defendant Golden Boy Promotions, Inc. 6. The evidence presented to the Court as to the tortious interference with contractual relationship is sufficient to provide a reasonable basis to conclude that Defendant Golden Boy Promotions, Inc. had actual knowledge of the wrongfulness of its conduct and the high probability that injury or damage to Plaintiff would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in injury or damage. 7. Namely, Defendant Golden Boy Promotions, Inc. possessed knowledge of the Exclusive Promotional Agreement, and the relationship that existed, between Plaintiff and Defendant Saul Alvarez, interfered with that contract and relationship by signing Defendant Alvarez to a promotional agreement, knowing that such interference would result in injury or damage to Plaintiff. Despite such knowledge, Defendant Golden Boy Promotions, Inc. intentionally pursued its efforts in signing Defendant Alvarez to a contract, which resulted in Plaintiff suffering injury or damage. 8. In addition, the Court was presented with a proffer of evidence pertaining to other lawsuits involving Defendant Golden Boy Promotions, Inc. for the purpose of establishing that Defendant Golden Boy Promotions, Inc. has engaged in a pattern or course of conduct of interfering with contractual rights of other professional boxers or promoters sufficient to provide a reasonable basis to conclude that Defendant Golden Boy Promotions, Inc. was aware of the nature and consequences of its actions in this case and, nevertheless, proceeded with its actions in this case. DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on 09/25/13. _____________________________ ABBY CYNAMON CIRCUIT COURT JUDGE

The parties served with this Order are indicated in the accompanying 11th Circuit email confirmation which includes all emails provided by the submitter. The movant shall IMMEDIATELY serve a true and correct copy of this Order, by mail, facsimile, email or hand-delivery, to all parties/counsel of record for whom service is not indicated by the accompanying 11th Circuit confirmation, and file proof of service with the Clerk of Court.

Signed and stamped original Order sent to court file by Judge Cynamons staff.

cc: Alejandro Brito, Esq. Michael Olin, Esq. Judd Burstein, Esq.