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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.

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

cc: Alejandro Brito, Esq.

Michael Olin, Esq.

Judd Burstein, Esq.