KOWALLEK v. REHM

No. 4D15-288.

189 So.3d 262 (2016)

Daniel E. KOWALLEK, Appellant, v. Lee REHM, Port St. Lucie Police Department, City of Port St. Lucie, Florida Power & Light Company and Asplundh Tree Expert Company, Appellees.

District Court of Appeal of Florida, Fourth District.

April 6, 2016.


Attorney(s) appearing for the Case

Daniel E. Kowallek, Port St. Lucie, pro se.

Cheryl Kempf , Juno Beach, for appellee Florida Power & Light Company.

Mitchell L. Lundeen of The Chartwell Law Offices, LLP, Miami, for appellee Asplundh Tree Expert Company.


Daniel E. Kowallek appeals the trial court's order awarding attorney's fees to Florida Power & Light Company and Asplundh Tree Expert Company ("the appellees") 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...

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