The Lake Hamilton Lakeshore Owners Association, Inc. v. Neidlinger

District Court of Appeal of Florida

The Lake Hamilton Lakeshore Owners Association, Inc. v. Neidlinger

198 So. 3d 736, 2016 Fla. App. LEXIS 2665, 2016 WL 716360

Procedural entryThis page is a short order in The Lake Hamilton Lakeshore Owners Association, Inc. v. Neidlinger. Read the opinion of the Court — 2015 Fla. App. LEXIS 19433 →

District Court of Appeal of Florida·Decided February 24, 2016·No. 2D15-1402·Published

Opinion

LaROSE, Judge.

The Lake Hamilton Lakeshore Owners Association (the Association) sued Wayne Neidlinger, d/b/a Captain Fred’s Airboat Nature Tours (Mr. Neidlinger), alleging that his airboat activities on Lake Hamilton constituted a nuisance. The trial court dismissed the complaint with prejudice, finding that state law preempted the claim. The trial court also awarded Mr. Neidlinger attorney’s fees pursuant to section 57.105, Florida Statutes (2014). The Asso *737 ciation appealed the order dismissing the complaint and, in this case, separately appealed the order granting attorney’s fees.

We reversed the order of dismissal in Lake Hamilton Lakeshore Owners Assoc. v. Neidlinger, 182 So.3d 738 (Fla. 2d DCA 2015). Consequently, we must set aside the order granting attorney’s fees. See Fieldstone v. Chung, 416 So.2d 11, 12 (Fla. 3d DCA 1982); Huie v. Dent & Cook, P.A., 635 So.2d 111 (Fla. 2d DCA 1994) (holding that suit that is not frivolous at its inception does not justify award of attorney’s fees as sanctions).

Reversed.

CASANUEVA and LUCAS, JJ., Concur.

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LaROSE, Judge.

The Lake Hamilton Lakeshore Owners Association (the Association) sued Wayne Neidlinger, d/b/a Captain Fred’s Airboat Nature Tours (Mr. Neidlinger), alleging that his airboat activities on Lake Hamilton constituted a nuisance. The trial court dismissed the complaint with prejudice, finding that state law preempted the claim. The trial court also awarded Mr. Neidlinger attorney’s fees pursuant to section 57.105, Florida Statutes (2014). The Asso *737 ciation appealed the order dismissing the complaint and, in this case, separately appealed the order granting attorney’s fees.

We reversed the order of dismissal in Lake Hamilton Lakeshore Owners Assoc. v. Neidlinger, 182 So.3d 738 (Fla. 2d DCA 2015). Consequently, we must set aside the order granting attorney’s fees. See Fieldstone v. Chung, 416 So.2d 11, 12 (Fla. 3d DCA 1982); Huie v. Dent & Cook, P.A., 635 So.2d 111 (Fla. 2d DCA 1994) (holding that suit that is not frivolous at its inception does not justify award of attorney’s fees as sanctions).

Reversed.

CASANUEVA and LUCAS, JJ., Concur.

The Lake Hamilton Lakeshore Owners Association, Inc. v. Neidlinger, 198 So. 3d 736, 2016 Fla. App. LEXIS 2665, 2016 WL 716360 (Fla. Ct. App. 2016).

Pincite

198 So. 3d 736 (The Lake Hamilton Lakeshore Owners Association, Inc. v. Neidlinger) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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