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Florida Second DCA rules that since prevailing plaintiff recovered less than 25% of defendant’s offer of judgment, the plaintiff’s recoverable charges under Fla. Stat. § 57.041(1) are limited to costs that were incurred prior to the offer being made

On January 5, 2022, in Maddox v. Trombetta, No. 2D20-3663, the Florida Second DCA addressed the interplay between Florida’s Proposal for Settlement Statute, Fla. Stat. § 768.79, and Fla. Stat. § 57.041(1), which provides that a party recovering judgment shall recover all his or her legal costs and charges which shall be included in the judgment. The Second DCA concluded thatsincethe plaintiff recovered less than 25% of the defendant’s offer of judgment, the plaintiff’s recoverable charges under Fla. Stat. § 57.041(1) were limited to costs that were incurred prior to the offer being made.The Court reasoned that if the defendant is entitled under § 768.79 to his or her costs incurred after the offer was filed, the plaintiff must be correspondingly limited under § 57.041(1) to recovering costs that were incurred prior to the offer being made.

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