GUTIERREZ v. ROYAL CARIBBEAN CRUISES LTD (2020)

ON MOTION FOR REHEARING

We grant Appellant's motion for rehearing; withdraw the opinion of June 24, 2020; and substitute the following opinion in its place.

Affirmed. See § 57.105(4), Fla. Stat. (2019) (“A motion by a party seeking sanctions under this section must be served but may not be filed with or presented to the court unless, within 21 days after service of the motion, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected.”); Montgomery v. Larmoyeux, 14 So. 3d 1067, 1072 (Fla. 4th DCA 2009) (“Section 57.105(4) could not be clearer in its requirement that a motion seeking sanctions may not be filed with or presented to the court within twenty-one days of service of the motion.”); Anchor Towing, Inc. v. Fla. Dep't of Transp., 10 So. 3d 670, 671–72 (Fla. 3d DCA 2009) (“Section 57.105(4) ․ must be strictly construed as it awards attorney's fees in derogation of the common law.” (citing Kittel v. Kittel, 210 So. 2d 1, 3 n.7 (Fla. 1968))).

PER CURIAM.