ZANZI ASSET MANAGEMENT, INC., AND FABIO CRAGNOTTI
v.
2G FOOD, INC.
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Zanzi Asset Management and Fabio Cragnotti appealed post-trial orders and final judgment in a suit against 2G Food, Inc. The appellate court found merit in one argument: the trial court failed to properly apply a setoff for a pre-trial settlement involving co-defendants who were sued for identical claims and damages.
The trial court erred by failing to setoff the co-defendants' settlement from the final judgment against Appellants. Under Florida law (§ 46.015 and § 768.041, Fla. Stat.), when co-defendants settle claims for the same damages, the settlement amount must be credited against any judgment entered against remaining defendants.
“they make several arguments on appeal—one of which has merit. During litigation, two co-defendants—who were sued for the same claims and damages as the Appellants—settled the claims against them and were dismissed with prejudice from the suit.”
Establishes the factual foundation for the appeal and identifies the specific issue of merit regarding co-defendant settlements.
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Join FLexlaw to unlock all legal intelligenceTwo co-defendants were sued alongside Appellants for the same claims and damages. These co-defendants settled their claims and were dismissed with pre…
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PER CURIAM.
Appellants Zanzi Asset Management, Inc. and Fabio Cragnotti appeal several post-trial orders and a final judgment. They make several arguments on appeal—one of which has merit. During litigation, two co-defendants—who were sued for the same claims and damages as the Appellants—settled the claims against them and were dismissed with prejudice from the suit. We reverse and remand with directions for the trial court to setoff from the final judgment the pre-trial settlement involving these co-defendants. See § 46.015, Fla. Stat. (2023); § 768.041, Fla. Stat. (2023); Cornerstone SMR, Inc. v. Bank of Am., N.A., 163 So. 3d 565, 568 (Fla. 4th DCA 2015) (“Whether the trial court awarded a proper set-off is a pure question of law reviewed de novo. . . .”). In all other respects, we affirm.
Affirmed in part; Reversed in part and remanded with directions.
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- Cornerstone SMR, Inc. v. Bank OF Am., N.A., 163 So. 3d 565 (Fla. 4th DCA 2015)