Legal Opinion

GM Drug Co. v. Taylor

District Court of Appeal of Florida

Decided April 20, 1982No. 81-1307Published

1Opinion of the Court

BASKIN, Judge.

We reverse the trial court’s dismissal of appellants’ action seeking injunctive relief to abate an alleged nuisance maintained by appellees. The injury complained of is overcrowding in a shopping plaza caused by lines of food stamp applicants. An injunction was requested pursuant to section 60.-05(1),1 Florida Statutes (1979) and section 823.05,2 Florida Statutes (1979).

We hold that the cause should not have been dismissed without affording appellants leave to amend. See Quinlan v. Mott, 375 So.2d 589 (Fla. 5th DCA 1979); Osborne v. Delta Maintenance and Welding, Inc., 365 So.2d…

2Cases cited4 opinions

  1. Osborne v. Delta Maintenance & Welding, Inc.District Court of Appeal of Florida · 1978
  2. Shamhart v. Morrison Cafeteria CompanySupreme Court of Florida · 1947
  3. Lopez ex rel. Lopez v. La FuenteDistrict Court of Appeal of Florida · 1977
  4. Quinlan v. MottDistrict Court of Appeal of Florida · 1979

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