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Florida Supreme Court rules that prejudgment interest must be excluded from the amount of the “judgment obtained” for purpose of calculating monetary threshold entitling party to attorney’s fees under Florida’s Proposal for Settlement statute

On September 9, 2021, in CCM Condominium Association, Inc, etc. v. Petri Positive Pest Control, Inc., etc., No. SC-19861, the Florida Supreme Court affirmed a Fourth DCA ruling that in calculating whether a plaintiff had met the threshold amount difference between an offer of judgment and the judgment entered for purposes of Fla. Stat. § 768.79, post-offer prejudgment interest must be excluded from the amount of the “judgment obtained.” The Florida Sup0reme Court disapproved of the Third DCA’s previous decision in Perez v. Circuit City Stores, Inc., 721 So. 2d 409 (Fla. 3d DCA 1998), and the First DCA’s previous decision in Phillips v. Parrish, 585 So. 2d 1038 (Fla. 1st DCA 1991) to the extent that they were inconsistent with this decision.

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