RUBY L. SCHMIGEL v. CUMBIE CONCRETE COMPANY

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RUBY L. SCHMIGEL, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D05-1034 CUMBIE CONCRETE COMPANY, Appellee. _____________________________/ Opinion filed December 14, 2005. An appeal from the Circuit Court for Leon County. Paul M. Hawkes, Acting Judge. Marie A. Mattox and James Garrity of Marie A. Mattox, P.A., Tallahassee, for Appellant. Marsha E. Rule, Martin P. McDonnell, and Harold F. X. Purnell of Rutledge, Ecenia, Purnell & Hoffman, P.A., Tallahassee, for Appellee. PER CURIAM. We affirm the trial court s award of attorney s fees pursuant to sections 57.105(1)(a) and 448.104, Florida Statutes (2004). Section 57.105(4) does not provide a 21-day safe harbor when the trial court awards fees on its own initiative, as authorized by subsection (1), because subsection (4) applies only to [a] motion by a party. Appellants cannot claim lack of notice under the facts at bar, because the trial court grounded its award upon the issue appellee raised in its motion for attorney s fees; nor can appellants claim lack of opportunity to be heard, because the trial court set forth a briefing schedule that appellants failed to utilize. AFFIRMED. ERVIN, DAVIS and BENTON, JJ., CONCUR. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.