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BAILEY v. BRINSON (2021)

District Court of Appeal of Florida, First District.2021-11-17No. No. 1D21-500

Authorities cited

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Opinion

Affirmed. See CCM Condo. Assn, Inc. v. Petri Positive Pest Control, Inc., No. SC19-861, 330 So.3d 1, ––––, 2021 WL 4096926, at *4 (Fla. Sept. 9, 2021) (approving the formula set forth in White v. Steak & Ale of Fla., Inc., 816 So. 2d 546 (Fla. 2002), that only pre-offer costs, pre-offer attorneys’ fees, and pre-offer prejudgment interest should be included in the calculation of “judgment obtained” under § 768.79(6), Fla. Stat.); Nilo v. Fugate, 30 So. 3d 623, 625 (Fla. 1st DCA 2010) (holding that “[o]nly those costs incurred pre-demand may be considered in determining whether the total judgment meets the [§ 768.79, Fla. Stat.] statutory threshold”).

Per Curiam.

Ray, Osterhaus, and Nordby, JJ., concur.