NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, APPELLANT,
v.
MAIDA SOLANO VOIGT, APPELLEE
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Nationwide appeals a $50,000 judgment for underinsured motorist benefits owed to Voigt, arguing the circuit court erred by failing to offset sanction awards totaling $23,021.60 that Voigt owed to Nationwide. The court reverses and remands for entry of a net judgment offsetting the sanctions against the insurance judgment.
The court held that the sanction awards against Voigt should be offset against the $50,000 judgment in her favor, and reversed to require entry of a net judgment rather than two separate judgments.
[1] Sanction awards owed by a party must be set off against judgments awarded to that same party in the same proceeding.
[2] A court must enter a net judgment when a party owes sanctions to the opposing party and the opposing party is awarded damages in the same proceeding.
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Join FLexlaw to unlock all legal intelligence“The sanction awards and the $50,000 judgment arise from one proceeding, and there is no reason that the sanction awards against Voigt should not be offset against the $50,000 judgment in her favor.”
Establishes the core holding that offsets are appropriate when judgments arise from the same proceeding
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Join FLexlaw to unlock all legal intelligenceVoigt originally obtained a judgment of $440,915.49 for underinsured motorist benefits. In a prior appeal, the court reversed and remanded for entry o…
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Nationwide Mutual Fire Insurance Company appeals a $50,000 final judgment entered on remand in favor of Maida Solano Voigt on her claim for underinsured motorist benefits. We reverse and remand for the circuit court to set off the sanction awards totaling $23,021.60 that Voigt owes to Nationwide against the $50,000 that Nationwide owes to Voigt.
In a prior appeal, this court reversed a judgment of $440,915.49 in favor of Voigt and remanded for the circuit court to enter a final judgment in accordance with the insurance policy limits of $50,000. Nationwide Mut. Fire Ins. Co. v. Voigt, 971 So.2d 239, 240 (Fla. 2d DCA 2008). This court granted Nationwide’s motion for appellate attorney’s fees as a sanction pursuant to section 57.105, Florida Statutes (2006), and also remanded for the circuit court to determine a reasonable amount of fees. Id. at 243. The circuit court ultimately entered two judgments, awarding attorney’s fees and costs for circuit court post-judgment proceedings and for appellate proceedings as sanctions against Voigt and her attorney.
Nationwide now contends that the circuit court erred in failing to set off Voigt’s sanctions owed to Nationwide against the $50,000 Nationwide owes to Voigt in a single, net judgment. In a related appeal, this court upheld the sanction awards made pursuant to section 57.105. See Voigt v. Nationwide Mut. Fire Ins. Co., 13 So.3d 61 (Fla. 2d DCA 2009) (table decision). The sanction awards and the $50,000 judgment arise from one proceeding, and there is no reason that the sanction awards against Voigt should not be offset against the $50,000 judgment in her favor. See Lombardo v. Haige, 971 So.2d 1037, 1038-39 (Fla. 2d DCA 2008) (recognizing the propriety of setting off a separate fees and costs order in favor of the tenant against a judgment for unpaid rent in favor of the landlord); Angel Home Health Care, Inc. v. Mederi of Dade County, Inc., 696 So.2d 487, 488 (Fla. 3d DCA 1997) (reversing and remanding for entry of a net judgment rather than a judgment for damages for breach of contract in favor of the plaintiff and a separate judgment on a counterclaim for damages for fraud in favor of the defendant).
Therefore, we reverse the $50,000 judgment in favor of Voigt and remand for the trial court to enter a net judgment after setting off the $23,021.60 that Voigt owes to Nationwide from the $50,000 that Nationwide owes to Voigt.
Reversed and remanded.
ALTENBERND and VILLANTI, JJ., Concur.
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Tubbs v. Mechanik Nuccio Hearne & Wester, P.A., 125 So. 3d 1034 (Fla. 2d DCA 2013)…r these reasons, the Tubbses were entitled to set off their much greater judgment against the award in favor of Mechanik Nuccio to the extent necessary to reduce their liability to Mechanik Nuccio to zero. See Nationwide Mut. Fire Ins. Co. v. Voigt, 21 So. 3d 895, 896 (Fla. 2d DCA 2009). VI. CONCLUSION For these reasons, we reverse the final judgment to the extent that it awards attorney’s fees, the expert witness fee, and prejudgment interest on the amount of the attorney’s fees to Mechanik Nuccio. We app…
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Law-Yue v. Miami River, L.L.C., 50 So. 3d 620 (Fla. 3d DCA 2010)…he plaintiffs were entitled.2 See TRG-Brickell Point NE, Ltd. v. Wajsblat, 34 So. 3d 53, 55 (Fla. 3d DCA 2010); Terra-Adi Intern. Bayshore, LLC v. Georgarious, 20 So. 3d 987 (Fla. 3d DCA 2009). As the court in Nationwide Mut. Fire Ins. Co. v. Voigt, 21 So. 3d 895, 896 (Fla. 2d DCA 2009), concluded: “The sanction awards and the $50,000 judgment arise from one proceeding, and there is no reason that the sanction awards against Voigt should not be offset against the $50,000 judgment in her favor.” See also Lomb…
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nationwide Mut. Fire Ins. Co. v. Maida Solano Voigt, 971 So. 2d 239 (Fla. 2d DCA 2008)
- Lombardo v. Haige, 971 So. 2d 1037 (Fla. 2d DCA 2008)
- Angel Home Health Care, Inc. v. Mederi OF Dade Cnty., Inc., 696 So. 2d 487 (Fla. 3d DCA 1997)