24 Fla. L. Weekly Supp. 126a
Online Reference: FLWSUPP 2402SEWEInsurance — Attorney’s fees — Timeliness of motion — Motion seeking sanctions pursuant to section 57.105 which was filed after action was dismissed with prejudice was untimely — Motion denied for lack of jurisdiction
NATIONWIDE CATASTROPHE SERVICES, INC. a/a/o CORETH SEWELL, Plaintiff, vs. SECURITY FIRST INSURANCE COMPANY, Defendant. Circuit Court, 5th Judicial Circuit in and for Marion County. Case No. 2014-1822-CA-G. April 23, 2015. Edward L. Scott, Judge. Counsel: Winston Taitt, Trujillo Vargas Ortiz Gonzalez Attorneys at Law, Orlando, for Plaintiff. Guy E. Burnette, Jr., Tallahassee, for Defendant.
ORDER DENYING DEFENDANT’S MOTIONFOR SANCTIONS PURSUANT TO FLORIDASTATUTE § 57.105
THIS CAUSE came before the Court on Defendant’s Motion for Sanctions Pursuant to Florida Statute § 57.105, filed on February 9, 2015. Plaintiff filed a response in opposition as well as a supplemental response in opposition on April 16, 2015. The Court, having considered said motion, reviewed the court file, heard oral argument of the parties, and being otherwise duly advised in the premises, finds as follows:
Defendant seeks an order imposing sanctions under Florida Statute § 57.105 due to Plaintiff’s failure to voluntarily dismiss the Complaint with prejudice. Plaintiff objects to an imposition of sanctions on three grounds: (1) Defendant’s motion fails to strictly comply with email service procedures, (2) the Court lacks jurisdiction as Defendant’s motion was filed after Plaintiff’s action was dismissed with prejudice by the Court, and (3) Plaintiff’s complaint was not frivolous.
The Court finds Defendant’s second argument to be dispositive. An order dismissing Plaintiff’s amended complaint with prejudice was entered on February 4, 2015. Defendant’s motion for sanctions was not filed until February 9, 2015, five days after the final dismissal. A motion for sanctions must be submitted prior to the dismissal of the action for the Court to retain jurisdiction. Pino v. Bank of New York, 121 So.3d 23, 42 (Fla. 2013) [38 Fla. L. Weekly S78a]. Therefore, the Court does not have jurisdiction to entertain Defendant’s motion.
It is therefore ORDERED and ADJUDGED: Defendant’s Motion is hereby denied for lack of jurisdiction.
