ZANZI ASSET MANAGEMENT, INC., AND FABIO CRAGNOTTI
v.
2G FOOD, INC.
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Zanzi Asset Management and Fabio Cragnotti appealed post-trial orders and final judgment in a dispute with 2G Food, Inc. The Third District Court of Appeal affirmed most of the trial court's decisions but reversed on one issue: the trial court failed to properly set off a pre-trial settlement involving co-defendants from the final judgment.
The trial court failed to properly setoff the pre-trial settlement involving co-defendants from the final judgment. The court reversed and remanded with directions for the trial court to apply the proper setoff in accordance with Florida Statutes sections 46.015 and 768.041.
[1] A trial court must setoff from a final judgment the amount recovered in a pre-trial settlement with co-defendants who were sued for identical claims and damages under Flo…
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Join FLexlaw to unlock all legal intelligence“During litigation, two co-defendants—who were sued for the same claims and damages as the Appellants—settled the claims against them and were dismissed with prejudice from the suit. We reverse and remand with directions for the trial court to setoff from the final judgment the pre-trial settlement involving these co-defendants.”
Establishes the core issue and the court's holding that a setoff must be applied for the co-defendant settlements.
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Join FLexlaw to unlock all legal intelligenceDuring litigation against 2G Food, Inc., two co-defendants who were sued for the same claims and damages as the appellants settled and were dismissed …
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PER CURIAM.
Appellants Zanzi Asset Management, Inc. and Fabio Cragnotti appeal several post-trial orders and a final judgment. They make several arguments on appeal—one of which has merit.
During litigation, two co-defendants—who were sued for the same claims and damages as the Appellants—settled the claims against them and were dismissed with prejudice from the suit. We reverse and remand with directions for the trial court to setoff from the final judgment the pre-trial settlement involving these co-defendants. See § 46.015, Fla. Stat. (2023);
§ 768.041, Fla. Stat. (2023); Cornerstone SMR, Inc. v. Bank of Am., N.A., 163 So. 3d 565, 568 (Fla. 4th DCA 2015) (“Whether the trial court awarded a proper set-off is a pure question of law reviewed de novo. . . .”). In all other respects, we affirm.
Affirmed in part; Reversed in part and remanded with directions.
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Authorities Cited
- Cornerstone SMR, Inc. v. Bank OF Am., N.A., 163 So. 3d 565 (Fla. 4th DCA 2015)