MARK C. ARNOLD CONSTRUCTION COMPANY, APPELLANT/CROSS-APPELLEE,
v.
NATIONAL LUMBER BROKERS, INC., APPELLEE/CROSS-APPELLANT
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The court held that the appellee is entitled to attorney's fees and costs incurred in successfully defending the judgment on appeal, consistent with prior district court precedent.
The appellee served a pretrial offer of judgment which the appellant refused. A jury verdict significantly exceeding the offer resulted in a judgment …
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PER CURIAM.
ORDER ON APPELLEE’S MOTION FOR ATTORNEY FEES
' In accordance with section 768.79, Florida Statutes, the appellee (plaintiff below) served a pretrial demand for judgment in the amount of $50,000, which the appellant refused. A judgment in the amount of $176,-715.00 was entered in the trial court on a jury verdict in favor of the appellee.1 The trial court also awarded fees and costs because the judgment was “at least 25 percent greater than the offer.” § 768.79(1), Fla.Stat. (1993).
We align ourselves with the Fourth2 and Fifth3 District Courts of Appeal in granting, on the same grounds, the appellee’s motion for an award of reasonable costs and attorney’s fees incurred in successfully defending the judgment on appeal. § 768.79, Fla.Stat. (1993). Pursuant to Florida Rule of Appellate Procedure 9.400, we remand for the trial court to determine the appropriate amount of the award.
BOOTH, ALLEN and BENTON, JJ., concur. .The trial court’s judgment was affirmed per curiam in Mark C. Arnold. Construction Company v. National Lumber Brokers, Inc., 641 So. 2d 868 (1994).
. Schmidt v. Fortner, 629 So. 2d 1036, 1043 n. 10 (Fla. 4th DCA 1993).
. Williams v. Brochu, 578 So. 2d 491, 495 (Fla. 5th DCA 1991).
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Westfield Ins. Co. v. Mendolera, 647 So. 2d 223 (Fla. 2d DCA 1994)…1994). We now align ourselves with the First, Fourth and Fifth District Courts of Appeal in granting Mendolera’s motion for appellate attorney’s fees and costs based on section 768.79. See Mark C. Arnold Const. Co. v. National Lumber Brokers, Inc., 642 So. 2d 576 (Fla. 1st DCA 1994); Schmidt v. Fomer, 629 So. 2d 1036, 1043 n. 10 (Fla. 4th DCA 1993); Williams v. Brochu, 578 So. 2d 491, 495 (Fla. 5th DCA 1991). We remand to the trial court to determine the appropriate amount of the award. RYDER, A.C.J., SCHO…
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Metro. Dade Cnty. & Officer Raymond Melcon v. Cerezo, 774 So. 2d 1 (Fla. 3d DCA 1996)…lee’s motion for appellate attorney’s fees and costs based on sections 768.79(1) and 59.46, Florida Statutes (1989). See Westfield Ins. Co. v. Mendolera, 647 So. 2d 223 (Fla. 2d DCA 1994); Mark C. Arnold Constr. Co. v. National Lumber Brokers, Inc., 642 So. 2d 576 (Fla. 1st DCA 1994); Schmidt v. Fortner, 629 So. 2d 1036, 1043 n. 10 (Fla. 4th DCA 1993); Williams v. Brochu, 578 So. 2d 491, 495 (Fla. 5th DCA 1991). Thus, we remand the cause to the trial court to determine the appropriate amount of the award and…
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Respiratory Care Servs., Inc. v. Murray D. Shear, P.A., 715 So. 2d 1054 (Fla. 5th DCA 1998)…t provisions of section 768.79(b) allow the recovery of appellate attorney’s fees. They cite several cases to support their argument. Williams v. Brochu, 578 So. 2d 491 (Fla. 5th DCA 1991); Mark C. Arnold Const. Co. v. National Lumber Brokers, Inc., 642 So. 2d 576 (Fla. 1st DCA 1994); Schmidt v. Fortner, 629 So. 2d 1036, 1043 n. 10 (Fla. 4th DCA 1993), approved, TGI Friday’s, Inc. v. Dvorak, 663 So. 2d 606 (Fla.1995). In each of these cases, however, a motion was filed with the appellate court requesting appe…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Susanne Rae Schmidt v. Fortner, 629 So. 2d 1036 (Fla. 4th DCA 1993)
- Rondoe Marie Williams v. Jeannine O. Brochu, 578 So. 2d 491 (Fla. 5th DCA 1991)