CCM Condominium Association, Inc. v. Petri Positive Pest Control, Inc.Annotate this Case
The Supreme Court held that, 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 Fla. Stat. 768.79, post-offer prejudgment interest must be excluded from the amount of the "judgment entered."
The Fourth District held that caselaw required the exclusion of post-offer prejudgment interest from the "judgment obtained" when determining entitlement to attorney's fees under section 768.79. Because this conclusion conflicted with the Third District's decision in Perez v. Circuit City Stores, Inc., 721 So. 2d 409 (Fla. 3d DCA 1998), and the First District Court of Appeal’s decision in Phillips v. Parrish, 585 So. 2d 1038 (Fla. 1st DCA 1991), the Fourth District certified conflict. The Supreme Court approved the Fourth District decision and disapproved the decisions in Perez and Phillips to the extent they were inconsistent with the decision today, holding that the Fourth district's interpretation of section 768.79 was not erroneous.