Lake Osborne Utilities Co. v. Sims

District Court of Appeal of Florida

Lake Osborne Utilities Co. v. Sims

411 So. 2d 994, 1982 Fla. App. LEXIS 19682

CourtDistrict Court of Appeal of Florida

DecidedMarch 31, 1982

DocketNo. 81-1218

StatusPublished

Cited by2 cases

This text of 411 So. 2d 994 (Lake Osborne Utilities Co. v. Sims) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lake Osborne Utilities Co. v. Sims, 411 So. 2d 994, 1982 Fla. App. LEXIS 19682 (Fla. Ct. App. 1982).

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Opinion

OWEN, WILLIAM C., Jr. (Retired), Associate Judge.

Plaintiffs amended complaint, alleging defendants’ unreasonable interference with the plaintiff’s utility easement, although held legally insufficient to state a cause of action, was not so utterly devoid of arguable merit as to be considered frivolous. On the authority of such cases as Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla.1982), City of Deerfield Beach v. Oliver-Hoffman Corp. of Deerfield Beach, 396 So.2d 1187 (Fla. 4th DCA 1981), T. I. E. Communications v. Toyota Motors, 391 So.2d 697 (Fla. 3d DCA 1980) and Allen v. Estate of Dutton, 384 So.2d 171 (Fla. 5th DCA 1980), the order assessing attorneys’ fees under Section 57.105, Florida Statutes (1979) is reversed.

REVERSED.

HERSEY and GLICKSTEIN, JJ., concur.

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OWEN, WILLIAM C., Jr. (Retired), Associate Judge.

Plaintiffs amended complaint, alleging defendants’ unreasonable interference with the plaintiff’s utility easement, although held legally insufficient to state a cause of action, was not so utterly devoid of arguable merit as to be considered frivolous. On the authority of such cases as Whitten v. Progressive Casualty Insurance Co., 410 So.2d 501 (Fla.1982), City of Deerfield Beach v. Oliver-Hoffman Corp. of Deerfield Beach, 396 So.2d 1187 (Fla. 4th DCA 1981), T. I. E. Communications v. Toyota Motors, 391 So.2d 697 (Fla. 3d DCA 1980) and Allen v. Estate of Dutton, 384 So.2d 171 (Fla. 5th DCA 1980), the order assessing attorneys’ fees under Section 57.105, Florida Statutes (1979) is reversed.

REVERSED.

HERSEY and GLICKSTEIN, JJ., concur.

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411 So. 2d 994, 1982 Fla. App. LEXIS 19682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lake-osborne-utilities-co-v-sims-fladistctapp-1982.

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