Shareholder Kansas Gooden is featured in a Law360 article titled, “Fla. Justices Told Rule Would Change Game for Defendants,” published on August 31, 2021.

Kansas represented the Florida Defense Lawyers Association at oral argument before the Florida Supreme Court to amend its appellate rules to allow for a nonfinal appeal of an order granting or denying a motion for leave to file a punitive damages claim. The article states:

“A representative for the Florida Defense Lawyers Association urged the Florida Supreme Court on Tuesday to adopt a rule that would authorize appeals of nonfinal orders granting or denying bids to add punitive damages claims, calling it a "game changer for defendants."

In oral arguments before the Supreme Court, Kansas Gooden of Boyd & Jenerette PA said claims for punitive damages subject defendants to damages that are not covered by their liability insurance policies and force them to submit to invasive financial discovery that would otherwise be off limits.

Currently, in order to appeal an order on punitive damages claims, a party must file a petition for writ of certiorari, but the review on appeal of that order is limited only to whether the statutory procedure was followed, not to the sufficiency of the evidence to support the claim for punitive damages.

"The procedure, or rather lack of appellate remedy, does not sufficiently protect a defendant's constitutional or substantive rights," Gooden said.

The rule was proposed by the Florida Bar's Appellate Court Rules Committee. The committee had received a letter in July 2020 from the Supreme Court asking for a proposal to amend Florida Rule of Appellate Procedure 9.130 to allow for the immediate appeal of nonfinal orders granting or denying leave to amend complaints to add punitive damages claims.

...

“He added that this is just going to slow down litigation and tax already overloaded appeals courts.

In addition to the request from the Florida Supreme Court, both the Second and Third District Courts of Appeal suggested to the state last year that it amend the rules of appellate procedure to allow for the immediate appeal of orders allowing the addition of punitive damages claims.

In an opinion issued in July 2020, the Second District quashed an order allowing a plaintiff to add a punitive damages claim against a nursing home in a negligence suit and recommended changing the rules. The appeals court said a punitive damages claim can transform a lawsuit, but the current system — in which a defendant must petition for certiorari review of orders allowing these claims — is impractical and ineffective.”

Law 360 subscribers can access the full article at Law360.com.

About Kansas R. Gooden

Kansas Gooden is Board Certified in Appellate Practice by The Florida Bar and is AV® Preeminent Peer Review Rated by Martindale-Hubbell. She serves as the firm’s Appellate Practice Group Leader. Kansas is an expert in handling all types of civil appellate proceedings, including extraordinary writs and plenary appeals, in state and federal courts.

Ms. Gooden is active in state and local bar associations. Currently, she serves on The Florida Bar’s Board of Legal Specialization and Education, is the Secretary/Treasurer of The Florida Bar’s Appellate Section, and is on the board of the Third District Court of Appeal Historical Society. She previously chaired The Florida Bar’s Appellate Certification Committee and the Section’s CLE Chair.

The FDLA awarded Kansas the Joseph P. Metzger Outstanding Achievement Award. This award is bestowed on the member who goes above and beyond over the course of his or her membership tenure. Kansas chairs the Amicus Committee, where she authors and co-authors briefs on important and high-profile issues before the Florida Supreme Court and other appellate courts. She has served on the FDLA board since 2016.

Ms. Gooden is a frequent speaker on appellate topics, including preservation of error, for both attorneys and adjusters. She is licensed in Florida (2008).