Legal Opinion
Shaw v. Schlusemeyer
District Court of Appeal of Florida
Decided December 20, 1996No. Nos. 95-2947, 96-0587PublishedCited by 5 opinions
1Opinion of the Court
ANTOON, Judge.
Mr. Shaw appeals the trial court’s order directing him to pay Ms. Schlusemeyer’s attorney’s fees and staying the proceedings pending payment of such fees. Ms. Schlu-semeyer was not entitled to receive fees because she was not a “prevailing party” under the facts in this case. Accordingly, we reverse.
David C. Shaw sued Betty Sehlusemeyer for injunctive relief and damages under section 403.412, Florida Statutes (1995), Florida’s Environmental Protection Act. Mr. Shaw’s complaint explained that he owns property in proximity to Lake Proctor in Seminole County. The complaint alleged…
2Cases cited3 opinions
- Moritz v. Hoyt Enterprises, Inc.Supreme Court of Florida · 1992
- Thornber v. City of Ft. Walton BeachSupreme Court of Florida · 1990
- Holding Elec., Inc. v. RobertsSupreme Court of Florida · 1988
3Cited by5 opinions
- Dependable Component Supply, Inc. v. Carrefour Informatique Tremblant, Inc.Court of Appeals for the Eleventh Circuit · 2014
- Royal Palm Village Residents, Inc. v. Monica SliderCourt of Appeals for the Eleventh Circuit · 2023
- Mitchell v. BEACH CLUB OF HALLANDALE CONDO. ASSOC. INC.District Court of Appeal of Florida · 2009
- International Fidelity Insurance Co. v. Americaribe-Moriarity JVDistrict Court, S.D. Florida · 2017
- Martinair Holland, N v. v. Benihana, Inc.Court of Appeals for the Eleventh Circuit · 2020