Zsa Zsa, You are correct.
from the article: "Orange Circuit Judge Lisa Munyon ruled that Anthony's motion to strike Zenaida Gonzalez's claim for punitive damages in the lawsuit was not filed according to proper procedure."
The reason for the denial was Greene did not file in the proper manner.
The Judge made the the ruling "without prejudice", so Greene can refile the motion with a different/the correct argument/correct procedure if he wishes, and Munyon can revisit this issue and re-rule, depending on the new Motion.
from the article: "Munyon denied the request "without prejudice," meaning Anthony's lawyers could ask the judge to revisit the issue on different legal grounds."
Dill/Zenaida made his argument from two directions (1) the prior Judge ruled it was OK for Zenaida to seek punitive damages and Munyon should not go against that ruling, or, if Munyon didn't like that reason lol, (2) Dill also argued that a motion like the one Greene filed wasn't the proper way to ask a judge to throw out a claim for punitive damages. The judge will take the prevailing argument and in this instance, Munyon ruled again Greene on the incorrect procedure, but Greene can re-file and re-argue if he can figure out the correct way to do it ........lol.... ,
and conceivably, Munyon could rule the other way next time, but Dill can be prepared to argue against whatever new Motion Greene comes up with, providing he files it correctly.
Also the fact that the prior Judge ruled Zenaida can argue for punitive damages may come into play again if Greene re-files and can convince the Judge otherwise based on his merits of the argument, to overturn that ruling, but for this instance, because Greene did not file according to the correct procedure, the ruling was based on that incorrect procedure.
Maybe all of this pro bono work for FCA is wearing on him, and he is losing his touch.
IMO, MOO, etc.