Attorney’s fees — Proposal for settlement — Judgment at least 25% more than offer — Calculation — Trial court erred by interpreting term “postoffer settlement” in section 768.79(6) to mean settlement after expiration of the time for accepting the offer — Clear and unambiguous language of statute requires judgment obtained to include the amount of any settlement by a codefendant after the date of service of the offer on the defendant by which the verdict was reduced — Where it was undisputed that plaintiff reached a settlement with codefendant after serving her offer on the defendant, and the verdict in favor of plaintiff was reduced by the amount of that settlement, the trial court was required to add the amount of that settlement to the net judgment in calculating the judgment obtained and determining plaintiff’s entitlement to fees
44 Fla. L. Weekly D2651a
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Website or any of the e-mail links contained within the site do not create an attorney-client relationship between Abbey, Adams, Byelick & Mueller, L.L.P. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.