Citizens Property Insurance Corp. v. Oppenheimer
Citizens filed a section 57.105 sanctions motion in August 2024 after the safe-harbor period on its first notice expired, then in January 2025 served a second safe-harbor notice and proposed sanctions motion raising the same grounds; the plaintiffs voluntarily dismissed their suit on day 16 of that second 21-day period. The Third District, addressing an issue of first impression, affirmed the denial of the earlier-filed motion, holding that by serving a successive motion on identical grounds Citizens gave the plaintiffs a fresh safe harbor, and their timely dismissal defeated sanctions.
Key facts
- Citizens Property Insurance Corp. filed a section 57.105 sanctions motion in August 2024 against Oppenheimer, then served a second safe-harbor notice and successive sanctions motion in January 2025 raising identical grounds.
- Oppenheimer voluntarily dismissed the suit on day 16 of the 21-day safe-harbor period following Citizens' second notice.
- +2 more key facts with a free trial
Why it matters
This is the first Florida decision to hold that re-serving a section 57.105 safe-harbor notice on grounds already raised in a pending sanctions motion resets the safe harbor and can forfeit the earlier motion. Defense… — full analysis with a trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.