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CITY OF NORTH MIAMI BEACH v. BERRIO

No. 3D10-2135.

64 So.3d 713 (2011)

CITY OF NORTH MIAMI BEACH, Appellant, v. Juan D. BERRIO, Appellee.

District Court of Appeal of Florida, Third District.

June 1, 2011.

Attorney(s) appearing for the Case

Darcee S. Siegel , City Attorney, and Maria J. Santovenia , Assistant City Attorney, for appellant.

Berrio & Berrio and Juan D. Berrio , for appellee.

Before SUAREZ, LAGOA, and EMAS, JJ.

LAGOA, J.

The City of North Miami Beach (the "City") appeals from a final order awarding Juan D. Berrio his attorney's fees pursuant to section 57.105, Florida Statutes (2009). Because the motion for attorney's fees should have been denied for noncompliance with the twenty-one day "safe harbor" provision of subsection 57.105(4), Florida Statutes, we reverse.

On March 25, 2009, Officer Hernandez of the City of North Miami Beach conducted a traffic stop of Michael...

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