Opinion
No. 93-1480.
August 12, 1994.
Appeal from the Circuit Court, Levy County, Stan Morris, J.
Charles Evans Davis, Orlando, for appellant/cross-appellee.
Ernest J. Myers of Moody, Salzman Robertson, Gainesville, for appellee/cross-appellant.
ORDER ON APPELLEE'S MOTION FOR ATTORNEY FEES
In accordance with section 768.79, Florida Statutes, the appellee (plaintiff below) served a pretrial demand for judgment in the amount of $50,000, which the appellant refused. A judgment in the amount of $176,715.00 was entered in the trial court on a jury verdict in favor of the appellee. The trial court also awarded fees and costs because the judgment was "at least 25 percent greater than the offer." § 768.79(1), Fla. Stat. (1993).
The trial court's judgment was affirmed per curiam in Mark C. Arnold Construction Company v. National Lumber Brokers, Inc., 641 So.2d 868 (1994).
We align ourselves with the Fourth and Fifth District Courts of Appeal in granting, on the same grounds, the appellee's motion for an award of reasonable costs and attorney's fees incurred in successfully defending the judgment on appeal. § 768.79, Fla. Stat. (1993). Pursuant to Florida Rule of Appellate Procedure 9.400, we remand for the trial court to determine the appropriate amount of the award.
Schmidt v. Fortner, 629 So.2d 1036, 1043 n. 10 (Fla. 4th DCA 1993).
Williams v. Brochu, 578 So.2d 491, 495 (Fla. 5th DCA 1991).
BOOTH, ALLEN and BENTON, JJ., concur.