What rules and legal mechanism deter frivolous or nuisance suits? Assume Florida venue.

A neighbor seeks is threatening to sue the developer for soil erosion. The neighbor has been an owner for 3 years, however,

  1. the property is 15 years old and the ground cover (grass) has not been maintained
  2. owner \ association improvements have changed the impermeable area and affected the hydrology

Are there any strategies that would be the equivalent of the video game Defender "smart bomb" that would summarily dismiss such a claim?


Yes, the doctrine that costs follow the event. That is, you lose, you pay the costs for the winner.

Also, if a plaintiff’s suit has no prospect of success, the defendant can file a motion for summary judgement on that basis.

Finally, if a plaintiff persistently lodges vexatious claims a court may declare them a vexatious litigant- they then need the court’s permission to initiate legal action.

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  • A good start! Can you elaborate (a little) on the elements of successful summary judgement motion? – gatorback Feb 16 '19 at 12:14
  • @gatorback that's an entire question in and of itself, but a good place to start is law.cornell.edu/wex/motion_for_summary_judgment. – A.fm. Feb 16 '19 at 12:49
  • "Fair enough". I thought that might be the case. Thank you for the link. – gatorback Feb 16 '19 at 13:25

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