Supreme Court of Florida

CCM Condominium Association, Inc. v. Petri Positive Pest Control, Inc.

September 9, 2021

Summary

The court held that post-offer prejudgment interest must be excluded when calculating the “judgment obtained” used to determine whether a plaintiff exceeded a rejected settlement offer by at least 25 percent under section 768.79. The court declined to abandon its established formula because it was not clearly erroneous and had been consistently applied. It therefore answered the certified question affirmatively and approved the district court’s decision.