CBRE, Inc. v. DidierGroup, LLC, Blake Plumley, Capital Pursuits, LLC, and Rison Corners Property, LLC

Summary

The Florida Sixth District Court of Appeal held that the trial court erred by summarily denying CBRE, Inc.'s request for a setoff based on a settlement between DidierGroup, LLC and Rison Corners Property, LLC. Because identical damages were alleged against CBRE and Rison Corners, the court reversed the order denying setoff and remanded for determination of the proper amount and entry of an amended final judgment. The court otherwise affirmed.

Holdings

1. The trial court erred by summarily denying CBRE's motion for setoff because CBRE showed that DidierGroup sought identical damages from CBRE and Rison Corners Property, LLC after settling with Rison Corners.

Questions Presented

1. Whether CBRE was entitled to a setoff under sections 768.041(2) and 46.015(2), Florida Statutes, based on DidierGroup's settlement with Rison Corners Property, LLC.
2. Whether the damages asserted against CBRE and Rison Corners Property, LLC were identical such that denying a setoff could result in duplicate recovery.

Disposition

reversed_and_remanded