HORNBUCKLE v. ASLANI (2022)

District Court of Appeal of Florida, First District.

Shawnee HORNBUCKLE, Appellant, v. Aslan ASLANI and Aleta Styers, Appellees.

No. 1D20-2964

Decided: January 19, 2022

Brian J. Lee of Morgan & Morgan, PLLC, Jacksonville, for Appellant. Harris B. Brown of Harris Brown, P.A., Jacksonville; Charles W. Hall and DeeAnn J. McLemore of Banker Lopez Gassler, P.A., St. Petersburg, for Appellees.

Affirmed. See CCM Condo. Ass'n, Inc. v. Petri Positive Pest Control, Inc., No. SC19-861, 330 So.3d 1, 5–6 (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 “judgment obtained” calculation under section 768.79, Florida Statutes); Nilo v. Fugate, 30 So. 3d 623, 625 (Fla. 1st DCA 2010) (“Only those costs incurred pre-demand may be considered in determining whether the total judgment meets the [section 768.79] statutory threshold.”); see also Bailey v. Brinson, 327 So.3d 978, 978 (Fla. 1st DCA 2021).

Per Curiam.

B.L. Thomas, Makar, and Nordby, JJ., concur.

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