CCM Condominium Association, Inc. v. Petri Positive Pest Control, Inc., Case No. SC19-861 (Fla. 2021).
Pre-judgment interest that accrues after an offer of judgment is not counted in determining the “results obtained,” i.e., whether aplaintiff has met the threshold amount ofdifference between an offer of judgmentand the judgment entered.Garcia v. The Exchange of America Corporation,Case No. 3D21-387 (Fla. 3d DCA 2021).
A party waives its contractual right to arbitration by participating in litigation concerning an arbitrable issue and waiver is determined not by the timing of the motion to compel arbitration but by the moving party having taken an inconsistent position prior to the filing of the motion to compel arbitration.
