Florida District Courts of Appeal, 2016

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

The Lake Hamilton Lakeshore Owners Association, Inc. v. Neidlinger
Florida District Courts of Appeal · Decided February 24, 2016 · Casanueva, LaROSE, Lucas
198 So. 3d 736; 2016 Fla. App. LEXIS 2665; 2016 WL 716360 (Southern Reporter, Third Series)

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

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.