CCM Condominium Association, Inc., etc. v. Petri Positive Pest Control, Inc., etc.

Summary

In this Florida Supreme Court decision, the court held that post-offer prejudgment interest must be excluded from the "judgment obtained" when calculating whether a plaintiff has met the 25% threshold for attorney's fees under Florida's offer of judgment statute, section 768.79. The court answered the certified question in the affirmative, approving the Fourth District's decision and disapproving conflicting decisions from the Third and First Districts. The ruling reaffirms the "White formula" established in *White v. Steak & Ale of Florida, Inc.*, which requires that the judgment obtained be compared to the settlement offer as if the judgment were entered on the date of the offer, thus including only pre-offer costs, fees, and prejudgment interest.

Holdings

1. Post-offer prejudgment interest is excluded from the 'judgment obtained' that is compared to a rejected settlement offer when determining entitlement to attorneys' fees under section 768.79.

Questions Presented

1. FOR PURPOSES OF CALCULATING WHETHER A PLAINTIFF HAS MET THE THRESHOLD AMOUNT OF DIFFERENCE BETWEEN AN OFFER OF JUDGMENT AND THE JUDGMENT ENTERED FOR PURPOSES OF SECTION 768.79, FLORIDA STATUTES, MUST POST-OFFER PREJUDGMENT INTEREST BE EXCLUDED FROM THE AMOUNT OF THE 'JUDGMENT OBTAINED'?

Disposition

approved