Pickett v. Tequesta Development Co.

Appellants, plaintiffs below, appeal the award of costs and attorney’s fees to appel-lees, defendants below. We reverse. The appellants’ canse of action accrued prior .to the October 1, 1990 effective date of amendment to section 768.79, Florida Statutes. The pre-amendment version of that statute, providing for award of attorney’s fees and costs against the plaintiff only where the plaintiff obtains a judgment against the defendants, applies to appellants. Buchanan v. Allstate Ins. Co., 629 So.2d 991 (Fla. 1st DCA 1993). Under the prior version of the statute a defendant may not obtain an…