On December 04, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
Murdock, Shae Kristine,
and
Hinson, Leonard Francis,
Lynn Haven Police Department,
for DISCRIMINATION EMPLOYMENT/OTHER
in the District Court of Bay County.
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Filing # 101573224 E-Filed 01/13/2020 04:19:52 PM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA
SHAE KRISTINE MURDOCK,
Plaintiff,
v. CASE NO.: 19004417-CA
CITY OF LYNN HAVEN, and
LEONARD FRANCIS HINSON, individually,
Defendants.
DEFENDANT, LEONARD FRANCIS HINSON’S, MOTION TO STRIKE CLAIM
FOR PUNITIVE DAMAGES
Defendant, LEONARD FRANCIS HINSON, moves to strike the claim for punitive
damages against him as set forth by Plaintiff in her initial Complaint in this action on the
following grounds:
1. Pursuant to Florida Statute Section 768.72, there can be no claim for punitive
damages unless there is a reasonable showing by evidence in the record or proffered by the
claimant which would provide a reasonable basis for the recovery of such damages.
2. Acclaim for punitive damages inserted without leave of court must be stricken.
Simeon, Inc. v. Cox, 671 So. 2d 158 (Fla. 1996).
3. Here, Plaintiff has demanded punitive damages in her initial Complaint without leave
of this Court and without compliance with the above-referenced statute, and has failed to make
any reasonable showing to support a claim for punitive damages against Defendant. Therefore,
the claim for punitive damages should be stricken.
WHEREFORE, Defendant respectfully requests that the Court enter an order striking
Plaintiffs claim for punitive damages, and any other relief this Court deems just and proper.
Page 1 of 2CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
counsel of record via Florida’s E-Portal system this 13th day of January, 2020.
Page 2 of 2
JEFF CARTER, P.A.
/s/ Jeffrey S. Carter
Jeffrey S. Carter, Esq.
Florida Bar #89633
P.O. Box 228
Panama City, Florida 32402
(850) 387-0787
jeff@jeffcarterpa.com
service@jeffcarterpa.com
ATTORNEY FOR DEFENDANT
LEONARD FRANCIS HINSON
Document Filed Date
January 13, 2020
Case Filing Date
December 04, 2019
Category
DISCRIMINATION EMPLOYMENT/OTHER
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Filing # 101573224 E-Filed 01/13/2020 04:19:52 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA SHAE KRISTINE MURDOCK, Plaintiff, v. CASE NO.: 19004417-CA CITY OF LYNN HAVEN, and LEONARD FRANCIS HINSON, individually, Defendants. DEFENDANT, LEONARD FRANCIS HINSON’S, MOTION TO STRIKE CLAIM FOR PUNITIVE DAMAGES Defendant, LEONARD FRANCIS HINSON, moves to strike the claim for punitive damages against him as set forth by Plaintiff in her initial Complaint in this action on the following grounds: 1. Pursuant to Florida Statute Section 768.72, there can be no claim for punitive damages unless there is a reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for the recovery of such damages. 2. Acclaim for punitive damages inserted without leave of court must be stricken. Simeon, Inc. v. Cox, 671 So. 2d 158 (Fla. 1996). 3. Here, Plaintiff has demanded punitive damages in her initial Complaint without leave of this Court and without compliance with the above-referenced statute, and has failed to make any reasonable showing to support a claim for punitive damages against Defendant. Therefore, the claim for punitive damages should be stricken. WHEREFORE, Defendant respectfully requests that the Court enter an order striking Plaintiffs claim for punitive damages, and any other relief this Court deems just and proper. Page 1 of 2CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to counsel of record via Florida’s E-Portal system this 13th day of January, 2020. Page 2 of 2 JEFF CARTER, P.A. /s/ Jeffrey S. Carter Jeffrey S. Carter, Esq. Florida Bar #89633 P.O. Box 228 Panama City, Florida 32402 (850) 387-0787 jeff@jeffcarterpa.com service@jeffcarterpa.com ATTORNEY FOR DEFENDANT LEONARD FRANCIS HINSON