City of North Miami Beach v. Berrio

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 Hurtado (“claimant”) for dark window tints. Hernandez searched the vehicle, a 2005 Infiniti Q 56 SUV, and discovered marijuana within a closed…