[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)?

[RONALD KAUFMAN]

I'll attempt to clarify:  Court ruled on the underlying motion to which the
57.105 notice was directed (the "Motion") within the 21 day safe harbor
period (i.e. within 21 days of being served with the notice).  Does the
fact that the Motion was ruled upon within the 21 day safe harbor period
render the 57.105 motion moot?




Sincerely,

Ronald E. Kaufman, Esq.

*Board Certified Construction AttorneyCertified Circuit Civil Mediator*

Law Offices of Ronald E. Kaufman, P.A.
3399 Ponce De Leon Boulevard, suite 202
Coral Gables, FL 33134
Main Telephone: (305) 444-1500
Facsimile: (305) 675-3327
Email: rek at reklawfirm.com <rekesq at gmail.com>
Website: www.miamiconstructionattorney.info



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On Thu, Apr 13, 2017 at 6:10 PM, Sean A. Mickley <smickley at gouldcooksey.com>
wrote:

> 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 there 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*
>
>
>
> Law Offices of Ronald E. Kaufman, P.A.
>
> 3399 Ponce De Leon Boulevard, suite 202
> Coral Gables, FL 33134
> Main Telephone: (305) 444-1500
> Facsimile: (305) 675-3327
> Email: rek at reklawfirm.com <rekesq at gmail.com>
> Website: www.miamiconstructionattorney.info
>
> *Pursuant to the Fair Debt Collection Practices Act you are hereby advised
> that portion of our practice involves the collections of debts and any
> information obtained may be used for that purpose.*
>
>
> *NOTICE OF CONFIDENTIALITY:*
> The information contained in this mail is intended for the use of the
> intended recipient only and may be confidential and attorney privileged. If
> that is not you stop reading, do not distribute or copy this mail, rather
> advise me of your receipt, in writing.
> *CIRCULAR 230 NOTICE:*
> Unless expressly stated otherwise, any U.S. federal tax advice contained
> in this transmittal, is not intended or written to be used, and cannot be
> used, by any person for the purpose of (i) avoiding penalties under the
> U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to
> another party any transaction or matter addressed in this e-mail or
> attachment.
>
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