BAILEY v. BRINSON (2021)

District Court of Appeal of Florida, First District.

Lisa BAILEY, Appellant, v. Gerald BRINSON, Appellee.

No. 1D21-500

Decided: November 17, 2021

Brian J. Lee of Schuler & Lee, P.A., Jacksonville, for Appellant. Rebecca Delaney, Scott W. Dutton, Dennis P. Dore, and Sam D. Smart of Dutton Law Group, PA, Tampa, for Appellee.

Affirmed. See CCM Condo. Ass'n, Inc. v. Petri Positive Pest Control, Inc., No. SC19-861, 330 So.3d 1, ––––, 2021 WL 4096926, at *4 (Fla. Sept. 9, 2021) (approving the formula set forth in White v. Steak & Ale of Fla., Inc., 816 So. 2d 546 (Fla. 2002), that only pre-offer costs, pre-offer attorneys’ fees, and pre-offer prejudgment interest should be included in the calculation of “judgment obtained” under § 768.79(6), Fla. Stat.); Nilo v. Fugate, 30 So. 3d 623, 625 (Fla. 1st DCA 2010) (holding that “[o]nly those costs incurred pre-demand may be considered in determining whether the total judgment meets the [§ 768.79, Fla. Stat.] statutory threshold”).

Per Curiam.

Ray, Osterhaus, and Nordby, JJ., concur.

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