LISA BAILEY
v.
GERALD BRINSON
LISA BAILEY
GERALD BRINSON
Florida District Court of Appeal, First District (2021)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. See CCM Condo. Ass’n, Inc. v. Petri Positive Pest Control, Inc., No. SC19-861, 2021 WL 4096926, at *4 (Fla. Sept. 9, 2021) (approving the formula set forth in White v. Steak & Ale of Fla., Inc., 816 So. 2d 546 (Fla. 2002), that only pre-offer costs, pre-offer attorneys’ fees, and pre-offer prejudgment interest should be included in the calculation of “judgment obtained” under § 768.79(6), Fla. Stat.); Nilo v. Fugate, 30 So. 3d 623, 625 (Fla. 1st DCA 2010) (holding that “[o]nly those costs incurred pre-demand may be considered in determining whether the total judgment meets the [§ 768.79, Fla. Stat.] statutory threshold”).
RAY, OSTERHAUS, and NORDBY, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Safepoint Ins. Co. v. Jannie Williams (Fla. 3d DCA 2021)…tion of “judgment obtained” in section 768.79(6) includes, in addition to damages, “pre-offer attorneys’ fees, pre-offer costs, 9 and pre-offer prejudgment interest.” CCM Condo. Ass’n, Inc. v. Petri Positive Pest Control, Inc., No. SC19-861, 2021 WL 4096926, at *4 (Fla. Sept. 9, 2021). “[I]f a defendant properly serves an offer on a plaintiff who rejects the offer, then an amount 25% less than the offered amount constitutes the judgment threshold.” White, 816 So. 2d at 549. This formula require…
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Shawnee Hornbuckle v. Aslan Aslani and Aleta Styers (Fla. 1st DCA 2022)…PER CURIAM. AFFIRMED. See CCM Condo. Ass’n, Inc. v. Petri Positive Pest Control, Inc., No. SC19-861, 2021 WL 4096926, at *4 (Fla. Sept. 9, 2021) (approving the formula set forth in White v. Steak & Ale of Fla., Inc., 816 So. 2d 546 (Fla. 2002), that only pre-offer costs, pre- offer attorneys’ fees, and pre-offer prejudgment interest should be included in the “judg…
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Maddox v. Brady J. Trombetta (Fla. 2d DCA 2022)…d the Petri case, it explained in detail how, after the issuance of White, "the district courts have consistently excluded amounts that were not present on the date of the offer." CCM Condo. Ass'n v. Petri Positive Pest Control, Inc., No. SC19-861, 2021 WL 4096926 at *3 (Fla. Sept. 9, 2021) (citing cases). The court rejected the argument that the White formula was "clearly erroneous," and it declined to recede from it. Id. at *4. Here, the trial court should have applied the correct computation and taken T…
Authorities Cited
- White v. Steak & ALE OF Fla., Inc., 816 So. 2d 546 (Fla. 2002)
- Nilo v. Fugate, 30 So. 3d 623 (Fla. 1st DCA 2010)