State Farm Mutual Automobile Insurance v. Kujawa

We reverse a final judgment awarding attorney’s fees to Regina Kujawa. In granting fees pursuant to the demand for judgment provisions of section 768.79, Florida Statutes, the trial court erroneously used the amount of the award in the jury’s verdict, rather than the amount of the final judgment, for purposes of calculating whether the judgment obtained was at least 25% more than Kujawa’s rejected demand.

Kpjawa was injured in an automobile collision and sued the two drivers, Wright and Boyd. She also sued State Farm, her uninsured motorist insurance carrier, be*1004cause Wright was underinsured.…