[CLC-Discussion] 57.105(1) Question - If a motion subject to a 57.105 notice is ruled upon (denied) within the 21 day safe harbor period, does such ruling negate the requirement to withdraw the subject motion under 57.105(4)?

[Sean A. Mickley]

If I understand the question correctly, you (or someone else) filed a Motion for Sanctions pursuant to 57.105, Fla. stat., but failed to provide the requisite 21 day notice prior to filing; however, the Court denied the 57.105 Motion anyways…

If that is correct, then the Court has already ruled and their withdrawal is a moot point.

Also, if they filed the 57.105 Motion with the Court prior to the expiration of the 21 safe harbor period, then they did not comply with the statute anyways and they would not be entitled to fees.

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of RONALD KAUFMAN
Sent: Thursday, April 13, 2017 5:52 PM
To: <clc-discussion at lists.flabarrpptl.org> <clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] 57.105(1) Question - If a motion subject to a 57.105 notice is ruled upon (denied) within the 21 day safe harbor period, does such ruling negate the requirement to withdraw the subject motion under 57.105(4)?





Sincerely,

Ronald E. Kaufman, Esq.
Board Certified Construction Attorney
Certified Circuit Civil Mediator

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