Xena Benedetto and Cristian Benedetto v. Kevin Cuatt and Heidi Cuatt
CourtDistrict Court of Appeal of Florida
Date FiledSeptember 30, 2026
Docket4D2025-0265
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
XENA BENEDETTO and CRISTIAN BENEDETTO,
Appellants/Cross-Appellees,
v.
EXP REALTY, LLC, ALEXANDER HAMILTON HAIGH, SETH OWENS,
KEVIN CUATT, and HEIDI CUATT,
Appellees/Cross-Appellants.
Nos. 4D2024-2388 and 4D2025-0265
[September 30, 2026]
Consolidated appeals and cross-appeal from the Circuit Court for the
Nineteenth Judicial Circuit, Martin County; Elizabeth Metzger, Judge; L.T.
Case No. 432021CA000550CAAXMX.
Lawrence U. Taube of the Law Offices of Lawrence U. Taube, West Palm
Beach, for appellants/cross-appellees.
William R. Ponsoldt, Jr. of Wright, Ponsoldt & Lozeau Trial Attorneys,
L.L.P., Stuart, for appellees/cross-appellants Kevin Cuatt and Heidi Cuatt.
No appearance for appellees EXP Realty, LLC, Alexander Hamilton
Haigh, and Seth Owens.
LOTT, J.
These consolidated appeals arise from a seemingly routine residential
real estate deal that ended up a nightmare. After the contract between the
buyers, Xena and Cristian Benedetto, and the sellers, Kevin and Heidi
Cuatt, fell apart, Xena Benedetto recorded a “Memorandum of Contract,”
creating a cloud on the Cuatts’ title and preventing the Cuatts from selling
the home for two years. The parties sued each other. The circuit court
entered summary judgment for the Cuatts on the Benedettos’ claims. The
Cuatts’ claims against the Benedettos proceeded to trial. The jury awarded
the Cuatts about $362,000.
On the Benedettos’ direct appeal, we affirm all issues raised without
further discussion. On the Cuatts’ cross-appeal, we write only to address
the circuit court’s order denying their motion for leave to amend the
complaint to seek punitive damages against the Benedettos. As to that
order, we affirm the denial as to Cristian Benedetto but reverse as to Xena
Benedetto.
We review de novo an order granting or denying leave to amend to plead
punitive damages. Creech v. Santomassino, 395 So. 3d 549, 552 (Fla. 4th
DCA 2024). Section 768.72(1), Florida Statutes (2024), requires punitive
damages claims be supported by a “reasonable showing by evidence in the
record or proffered by the claimant” that “provide[s] a reasonable basis for
recovery of such damages.” Absent such initial showing, a punitive
damages claim is not permitted. Our Supreme Court recently settled the
proper test for deciding evidentiary sufficiency of a requested punitive
damages claim: “whether a reasonable person could conclude, based on
the claimant’s evidence, that the defendant committed ‘intentional
misconduct’ or ‘gross negligence.’” Perlmutter v. Fed. Ins. Co., 434 So. 3d
681, 688 (Fla. 2026). Section 768.72(2) defines intentional misconduct
and gross negligence:
(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.
§ 768.72(2), Fla. Stat. (2024).
At the pleading stage, the trial court does not weigh competing
evidence, nor does it “decide the truth of the matter”—the court “should
consider only the evidence identified or proffered by the claimant” and
“should not entertain an evidentiary counter-submission from the
opponent.” Perlmutter, 434 So. 3d at 688–89. The court’s role is limited
to “consider[ing] the record evidence and the proffered evidence in the light
most favorable to the plaintiff,” and “to determin[ing] whether the claimant
can show reasonable evidentiary support for those allegations.” Id. at 689.
Here, the Cuatts moved to amend their complaint to plead punitive
damages against both Cristian and Xena Benedetto. The trial court denied
the Cuatts’ motion, finding no reasonable evidentiary basis for
amendment. We disagree, in part.
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The Cuatts’ proffer was sufficient as to Xena Benedetto. The Cuatts’
proffer attributed to Xena the preparation and recording of a memorandum
assembled from selected portions of the parties’ contract, while omitting
the contract’s no-recording provision and closing date, adding a legal
description and restrictive language, and later sending the memorandum
directly to the closing agent for the Cuatts’ subsequent sale. The proffer
further indicated that the memorandum was used to prevent that sale
from closing. Viewed in the light most favorable to the Cuatts, the proffer
permits a reasonable inference that Xena knew the conduct was wrongful,
was highly likely to interfere with the Cuatts’ sale, and would damage the
Cuatts, and nevertheless intentionally pursued that course of conduct.
That is “intentional misconduct.” § 768.72(2)(a), Fla. Stat. (2024)
(“‘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.”); see also Perlmutter, 434 So. 3d at 689 (“[T]he trial court must
consider the record evidence and the proffered evidence in the light most
favorable to the plaintiff.” (citation and internal quotation marks omitted)).
The Cuatts therefore made the reasonable evidentiary showing required to
plead punitive damages against Xena Benedetto. (We, of course, express
no view on whether the Cuatts ultimately can prove entitlement to punitive
damages at trial.)
But we agree that the proffer was insufficient as to Cristian Benedetto.
Unlike the evidence concerning Xena, the proffer did not identify
comparable evidence that Cristian had created the memorandum, knew of
the omitted contractual provisions or added restrictions, directed its
recording or transmission, or otherwise acted with actual knowledge that
the conduct was wrongful or would likely cause damage. Nor did the
proffer identify conduct by Cristian so reckless or wanting in care as to
constitute a conscious disregard or indifference to the Cuatts’ rights. See
§ 768.72(2)(b), Fla. Stat. (2024) (defining “gross negligence”). The trial
court therefore did not err in denying the Cuatts’ motion to plead punitive
damages against Cristian Benedetto.
Accordingly, we summarily affirm the judgments challenged in the
Benedettos’ direct appeal without further discussion. On the Cuatts’
cross-appeal, we reverse the order denying leave to amend as to Xena
Benedetto, affirm the order as to Cristian Benedetto, and remand for
further proceedings consistent with this opinion.
Affirmed in part, reversed in part, and remanded.
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GERBER, C.J., and WEISS, MARLON J., Associate Judge, concur.
* * *
Not final until disposition of timely-filed motion for rehearing.
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