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

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 ciation appealed the order dismissing the complaint and, in this case, separately appealed the order granting attorney’s fees.

We reversed…