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Richard Goldman v. Jonathan Lewin

2026-08-26

Summary

Holding. The court affirmed the trial court's order permitting punitive damages claims against Richard and Mitchel Goldman but reversed as to Kenneth Goldman. The case was remanded for further proceedings.

Richard, Kenneth, and Mitchel Goldman appealed a trial court order permitting Jonathan Lewin to amend his complaint to include punitive damages claims. The underlying dispute arose from a series of lawsuits following the death of their uncle Aaron Goldman, whom Lewin served as guardian, trustee, and personal representative. The Goldmans had previously filed unsuccessful challenges to Aaron's will and trust, as well as a slayer petition, all of which were dismissed or decided in Lewin's favor.

The appellate court applied the legal standard established in a recent Florida Supreme Court decision, which requires only that a trial court determine whether the claimant's evidence, viewed favorably toward the claimant, provides a reasonable basis to support intentional misconduct or gross negligence. The court found that Lewin presented adequate evidence against Richard and Mitchel—including proof that they verified pleadings without personal knowledge and that Richard filed serious accusations without factual support. However, the evidence against Kenneth was insufficient because mere absence of probable cause does not establish the actual knowledge of wrongfulness required by the statutory definition of intentional misconduct.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether trial court must make findings of fact when granting motion to add punitive damages claim
  • Whether claimant proffered sufficient evidence of intentional misconduct to support punitive damages
  • Standard for evaluating evidentiary sufficiency under Florida's punitive damages statute

Procedural posture

This is an appeal from a non-final order of the trial court granting a motion for leave to amend the complaint to add a punitive damages claim.

Authorities cited

Opinion

majority opinion

Third District Court of Appeal

State of Florida

Opinion filed August 26, 2026.

Not final until disposition of timely filed motion for rehearing.

No. 3D24-2096

Lower Tribunal Nos. 14-23694-CA-01, 19-014336-CA-01

Richard Goldman, et al.,

Appellants,

vs.

Jonathan Lewin,

Appellee.

An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Spencer Eig, Judge.

Schlesinger Law Group and Michael J. Schlesinger, for appellants.

GrayRobinson, P.A., and Jack R. Reiter and Richard Danese, for appellee.

Before FERNANDEZ, MILLER and LOBREE, JJ.

LOBREE, J.

Richard, Kenneth, and Mitchel Goldman (collectively, “the Goldmans”) appeal an order granting the motion for leave to amend and add a demand

for punitive damages by Jonathan Lewin, individually, and as Successor

Trustee of the Aaron Goldman Revocable Trust, and as personal

representative of the Estate of Aaron Goldman (“Lewin”). For the reasons

discussed below, we affirm in part and reverse in part.

BACKGROUND

This case arises out of a series of lawsuits between the Goldmans and

their cousin Lewin regarding their uncle Aaron Goldman’s estate. Aaron

prepared estate plans in 1998 and 2005 which both named Lewin as the sole

living beneficiary and personal representative of Aaron’s Estate and as

trustee of Aaron’s Trust. In 2007, Lewin was appointed as Aaron’s plenary

guardian after guardianship proceedings were initiated due to Aaron’s lack

of capacity. Aaron eventually passed away on September 3, 2010. His

death led to the lawsuits that underlie this claim for punitive damages.

The Goldmans first filed a petition for intestate administration alleging

that the 1998 and 2005 wills were invalid due to lack of capacity, and seeking

to have Richard appointed as personal representative (the “Probate Action”).

The Probate Action was later dismissed with prejudice in June 2011, which

this court affirmed. See Goldman v. Lewin, 116 So. 3d 568 (Fla. 3d DCA

2013). Shortly after filing the Probate Action, Richard and Kenneth Goldman

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filed a separate action against Lewin seeking to set aside Aaron’s trust based

on incapacity, undue influence, breach of fiduciary duty, and tortious

interference with expectancy of inheritance (the “Trust Action”). Final

judgment was eventually entered in favor of Lewin in 2012, and this court

affirmed. See id. Richard also filed a petition to extinguish the beneficial

interests of Lewin and Pearl Goldman, Lewin’s mother, alleging that they

acted as co-conspirators to cause Aaron’s death by feeding him excessive

salt and/or withholding his medication and generally took advantage of Aaron

and his assets through intimidation, exploitation, and undue influence (“the

Slayer Action”). That matter was dismissed without prejudice in 2011.

Following the initiation of those three actions, Lewin filed this lawsuit

against the Goldmans for abuse of process and conspiracy to abuse process

and against Richard and Kenneth for malicious prosecution based on the

Trust Action. In 2022, Lewin moved to amend his second amended

complaint to add a claim for punitive damages against the Goldmans based

on intentional misconduct—namely, abuse of process, conspiracy to abuse

process, and malicious prosecution. The Goldmans moved in opposition

and filed a counter-proffer in support. The matter proceeded to two hearings

in September 2023 and October 2024. The trial court then entered an

unelaborated written order granting Lewin’s motion for leave to amend and

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add a claim for punitive damages. This appeal followed.

ANALYSIS

A trial court’s decision on a motion for leave to amend to add a claim

for punitive damages is reviewed de novo. See Grove Isle Ass’n v. Lindzon,

350 So. 3d 826, 829 (Fla. 3d DCA 2022). The Goldmans contend the trial

court erred by failing to make oral or written findings of fact and by granting

Lewin’s motion.

Under section 768.72(1), Florida Statutes (2024), “no claim for punitive

damages shall be permitted unless there is a reasonable showing by

evidence in the record or proffered by the claimant which would provide a

reasonable basis for recovery of such damages.” Contrary to the Goldmans’

argument, nothing in section 786.72(1) specifically requires the trial court to

make affirmative findings regarding what evidence it relied on when granting

a motion for leave to amend and add a claim for punitive damages. While

this Court has previously concluded that a trial court’s failure to make findings

“identifying the evidence it considered sufficient to provide a statutory

‘reasonable basis’ for granting the motion to amend. . . . was a departure

from applicable law,” Cat Cay Yacht Club, Inc. v. Diaz, 264 So. 3d 1071,

1075 (Fla. 3d DCA 2019), we find that decision has been superseded by the

Florida Supreme Court’s recent opinion in Perlmutter v. Federal Insurance

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Co., 434 So. 3d 681 (Fla. 2026).

In Perlmutter, the Florida Supreme Court concluded that “the test for

deciding evidentiary sufficiency under section 768.72(1) is whether a

reasonable person could conclude, based on the claimant’s evidence, that

the defendant committed ‘intentional misconduct’ or ‘gross negligence,’ as

defined in section 768.72(2).” Id. at 688. It clarified that a “trial court should

consider only the evidence identified or proffered by the claimant” and

“should not entertain an evidentiary counter-submission from the opponent.”

Id. This clarification renders the need for a trial court to make findings of fact

when granting a motion for leave to amend superfluous. In fact, the Florida

Supreme Court specifically noted that “[t]he trial court does not act as a factfinder in a proceeding under section 768.72(1). It must not weigh the

claimant’s evidence, meaning that its role is not to decide the truth of the

matter.” Id. at 689. In conducting its review, the trial court must simply

consider the claimant’s evidence “in the light most favorable to the plaintiff”

and determine whether it shows a reasonable evidentiary basis to support

the allegations in the proposed amended complaint. Id. (quoting Hosp.

Specialists, P.A. v. Deen, 373 So. 3d 1283, 1287 (Fla. 5th DCA 2023)).

Thus, requiring a trial court to provide findings of what evidence it relied on

when reaching its determination on a motion for leave to amend and add a

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claim for punitive damages would be unnecessarily duplicative as Perlmutter

makes it clear the trial court should only consider the evidence proffered by

the claimant.

Applying this standard, and considering only the evidence submitted

by Lewin, we conclude that the trial court did not err in allowing Lewin to bring

punitive damages claims against Richard and Mitchel Goldman. Lewin

proffered evidence that Richard and Mitchel verified the pleading and

allegations in the Probate Action without evidence or personal knowledge.

Against Richard, Lewin also proffered evidence that Richard verified the

pleading and allegations in the Trust Action without evidence or personal

knowledge to support the allegations and induced his siblings into signing

onto the Probate Action despite his lack of knowledge, and that Richard

brought the Slayer Action raising accusations of a conspiracy between Lewin

and his mother to murder Aaron without evidence or personal knowledge

despite being under penalty of perjury. Against Mitchel, Lewin further

proffered evidence that Mitchel admitted knowing he was not named in either

of Aaron’s wills as a beneficiary and that Aaron had capacity when executing

the wills, which conflicts with the allegations of the Probate Action that

Mitchel certified were correct. This evidence, viewed in the light most

favorable to Lewin, could reasonably support a finding that Richard and

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Mitchel committed intentional misconduct1 as defined in section 786.72(2).

See § 768.72(2)(a), Fla. Stat. (“‘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.”).

However, we conclude that the trial court erred in allowing a punitive

damages claim against Kenneth. While Lewin proffered evidence that

Kenneth brought the Probate and Trust Actions without evidence or personal

knowledge to support the allegations, this conduct alone does not meet the

statutory definition of intentional misconduct. Louis v. Costco Wholesale

Corp., 719 So. 2d 1226, 1228 (Fla. 4th DCA 1998) (“While an absence of

probable cause can result in a finding of legal malice, legal malice, based

solely on the absence of probable cause, is insufficient to support an award

of punitive damages.”). Lewin therefore did not proffer sufficient evidence to

show Kenneth “had actual knowledge of the wrongfulness of the conduct and

the high probability that injury or damage to [Lewin] would result.” §

768.72(2).

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It is undisputed that Lewin’s claims for punitive damages for abuse of process, aiding and abetting abuse of process, and malicious prosecution against the Goldmans are based on intentional misconduct.

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CONCLUSION

We affirm in part and reverse in part the trial court’s order granting

Lewin’s motion for leave to amend the complaint to plead punitive damages.

We affirm the order as to Richard and Mitchel Goldman because Lewin

presented sufficient evidence to establish a reasonable basis for recovery of

punitive damages against them based on intentional misconduct. We

reverse the order as to Kenneth Goldman because Lewin did not present

sufficient evidence to establish a reasonable basis to conclude he was guilty

of intentional misconduct warranting punitive damages.

Affirmed in part, reversed in part and remanded for further

proceedings.

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