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Beware When Calculating "Judgment Obtained" Under Section 768.79, Fla. Stat.

In Maddox v. Trombetta, No. 2d20-3663 (Fla. 2d DCA Jan. 5, 2022), the court reversed a final judgment under section 768.79, Fla. Stat. The Second District held that when computing the “judgment obtained” under section 768.79, Fla. Stat, only the costs incurred prior to the date of the offer of judgment are to be included. Thus, the trial court erred in calculating the “judgment obtained” when it included post-offer costs. Read more here.

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