SCHMIGEL v. CUMBIE CONCRETE COMPANY

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.