THE LAKE HAMILTON LAKESHORE OWNERS ASSOCIATION, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, ON BEHALF OF ITS MEMBERS, APPELLANT,
v.
WAYNE L. NEIDLINGER, D/B/A CAPTAIN FRED'S AIRBOAT NATURE TOURS; AND LAKE HAMILTON COMMERCE & STORAGE CENTER, INC., A FLORIDA CORPORATION, APPELLEES
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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*737ciation 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Huie v. Dent & Cook, P.A., 635 So. 2d 111 (Fla. 2d DCA 1994)
- Fieldstone v. Choi Chung and Sunny Chung, 416 So. 2d 11 (Fla. 3d DCA 1982)
- Manuel v. State, 182 So. 3d 738 (Fla. 1st DCA 2015)
- THE Lake Hamilton Lakeshore Owners Ass'n, Inc. v. Neidlinger, 182 So. 3d 738 (Fla. 2d DCA 2015)