CCM Condominium Association, Inc. v. Petri Positive Pest Control, Inc.
The Florida Supreme Court resolved a certified conflict over whether post-offer prejudgment interest counts toward the "judgment obtained" under the offer of judgment statute, section 768.79. Adhering to the White v. Steak & Ale formula, the Court held that only amounts (damages, taxable costs, attorney's fees, and prejudgment interest) that would have been included in a judgment entered on the date of the offer are counted, so post-offer prejudgment interest is excluded. It approved the Fourth District's decision and disapproved the pre-White decisions in Perez (3d DCA) and Phillips (1st DCA).
Key facts
- CCM Condominium Association sued Petri Positive Pest Control in a dispute resolved at trial, resulting in a judgment that the plaintiff compared to a prior settlement offer.
- A conflict existed among Florida's district courts of appeal regarding whether prejudgment interest accruing after an offer of judgment should count toward the judgment amount when determining attorney's fees eligibility under section 768.79.
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Why it matters
This is the definitive Florida Supreme Court statement on how to calculate the 25% threshold under the offer of judgment statute, and it will govern every contested PFS fee motion where prejudgment interest is in play… — full analysis with a trial
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