Daniel E. Kowallek v. Lee Rehm, Port St. Lucie Police Department, City of Port St. Lucie, Florida Power & Light Company and Asplundh Tree Expert Company

Daniel E. Kowallek appeals the trial court’s order awarding attorney’s fees to Florida Power & Light Company and As-plundh Tree Expert Company (“the appel-lees”) as a section 57.105 sanction for filing a frivolous lawsuit. We determine there was an arguable basis in law and.fact for the suit, and thus, reverse.

The original dispute giving rise to this proceeding involved whether FPL was legally permitted to cut down a group of acacia trees, 1 one growing on Kowallek’s property, in accordance with an easement. In a final judgment (“the Final Judgment”), a trial judge ruled:

[T]he. tree in…