A few weeks ago, in Albelo v. Southern Oak Insurance Company (3D11-3102), the Third District entered an order granting rehearing and vacating a prior opinion awarding sanctions based upon section 57.105, Florida Statutes, but at the same time issued a new opinion awarding sanctions on the court's own motion.
The court agreed with new counsel that the sanctions motion had failed to comply with the safe harbor provisions provided by section 57.105. Therefore, the prior opinion granting sanctions on that basis was withdrawn. The court, however, noted that sanctions on the court's own motion do not require compliance with the safe harbor provisions of the statute. The court stated that:
While we agree with Rehearing Counsel that Albelo failed to satisfy the requirements of the safe harbor provision, we respectfully disagree with Rehearing Counsel that the argument made to us was non-frivolous. The twenty-one-day safe harbor provision does not apply to court-initiated sanctions.The now vacated original opinion can be viewed HERE.