Bolinsky v. Fritz

ALTENBERND, Judge.

Mrs. Jutta Bolinsky appeals a final judgment which awarded Dr. Albert Fritz both compensatory and punitive damages for trespass. We affirm the award of compensatory damages and reverse the award of punitive damages. The default judgment against her former husband, Wolfgang Bo-linsky, was not appealed and is not affected by this decision.

In 1981, Mr. and Mrs. Bolinsky purchased an unimproved lot adjacent to the vacation home of Dr. Fritz on Longboat Key. They developed the lot by building a single-family residence. In mid-1983, they decided to build a seawall on their…