§57.105 ATTORNEY’S FEES CLAIM FAILS: 21 DAY SAFE HARBOR LETTER DEFICIENT SAYS FLORIDA
As an attorney, we are zealous advocates of our clients and their rights. We are trained in law school to pursue justice at all costs. However, sometimes the facts may not support our actions filed, or if they do, the other side feels that our suit or pleading filed on behalf of our client, is frivolous and being filed fraudulently on the Court. Then you get slapped with a §57.105 Motion for Sanctions, both against you and your client. Now what? Don’t fear! There is so much law on the §57.105 motions and how to overcome them. The answer is to hire the right lawyer to help you that knows what they are doing and how to fight §57.105 motions.
For starters, there is the 21 Day “Safe Harbor Letter“
The 21 Day Safe Harbor letter is not only mandatory before the filing of a §57.105 motion for sanctions, it can determine whether the motion stands up in Court or gets dismissed.
The 4th DCA, on June 7, 2017, overturned a Broward County Judge’s ruling which awarded attorney’s fees under a Motion for Sanction under Florida Statutes §57.105 because the manner in which the notice of the sanctions was sent, was improper. Ask your Florida lawyer about unsubstantiated and groundless fake lawsuits and suits brought without merit. Why? Because under Florida law, you may be able to get your attorney’s fees paid for by the other side.
- Before you start calling your Florida lawyer however, it is important to understand the nuances of Florida Statutes §57.105 and the motion for sanctions once served upon you, as either a party or counsel, since it is only applicable if the other side is making a claim or a defense which is NOT supported by the facts or the law.
- If you have received a §57.105 Safe Harbor letter and accompanying unfiled Motion for Sanctions, understand that strict compliance with that law is mandatory. Otherwise, it won’t survive dismissal, and fees awarded to the other side.
- Proper Notice is crucial. Not only for the 21 Safe Day Harbor letter but also for the requirements when the 21 Day Safe Harbor letter is sent. It must comply with the Rules of Procedure and Florida Rules of Judicial Administration 2.516.
- The movant must wait the 21 days to file the Motion for Sanctions
- And the motion for sanctions under 57.105, must also strictly comply with the law.
- In the Broward case, the Safe Harbor 21 day letter was missing four important words and because of that it did not survive.
If you have received a §57.105 Motion for Sanctions, call us.
At the Law Offices of Jacqueline Salcines, PA we have been successful not only in getting these Motions denied, but attorney’s fees completely denied both against the attorney and the party. We have been assisting clients with their litigation needs for over 21 years.
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