Bionetics Corp. v. Kenniasty
69 So. 3d 943
| Fla. | 2011Background
- Case involves Bionetics seeking sanctions under §57.105; district court (Fifth DCA) held safe harbor §57.105(4) applied retroactively to preeffective claims; Florida Supreme Court resolved conflict with First DCA’s Walker decision.
- Safe harbor provision §57.105(4) requires service-and-withdrawal/or amendment within 21 days after service of sanctions motion.
- Walker v. Cash Register Auto Insurance held §57.105(4) is substantive and applies prospectively; no retroactive application.
- Kenniasty v. Bionetics (Fla. 5th DCA) held safe harbor applies when motion filed after July 1, 2002 even if suit commenced before that date.
- Court concludes safe harbor is substantive and prospective; cannot apply to preeffective frivolous claims where underlying filing occurred before effective date.
- Remand allowed for issues not reached; quashes Fifth DCA decision inconsistent with Walker; approves Walker’s approach.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §57.105(4) applies to preeffective claims. | Kenniasty favors retroactive application. | Bionetics supports retroactive safe harbor. | Safe harbor does not retroactively apply; prospective only. |
| Nature of safe harbor procedural or substantive. | Kenniasty treated as applicable based on timing. | Walker treated it as substantive. | Safe harbor is substantive. |
| Retroactivity when claims filed before effective date but motion filed after. | Apply safe harbor due to timing of motion. | Do not apply; underlying harm predated enactment. | Prospective application only; cannot apply to preeffective claims. |
| Remand scope after Supreme Court decision. | Proceed with issues decided below. | Remand to address issues not reached; follow Walker consistent reasoning. |
Key Cases Cited
- Walker v. Cash Register Auto Insurance of Leon County, Inc., 946 So.2d 66 (Fla. 1st DCA 2006) (safe harbor §57.105(4) substantive; prospective application; retroactivity not allowed)
- Kenniasty v. Bionetics Corp., 10 So.3d 1183 (Fla. 5th DCA 2009) (safe harbor applied when fee motion filed after July 1, 2002 despite preexisting suit)
- Menendez v. Progressive Express Ins. Co., 35 So.3d 873 (Fla. 2010) (statutory right to attorney's fees is substantive)