GM Drug Co. v. Taylor

District Court of Appeal of Florida

GM Drug Co. v. Taylor

412 So. 2d 943, 1982 Fla. App. LEXIS 19851

CourtDistrict Court of Appeal of Florida

DecidedApril 20, 1982

DocketNo. 81-1307

StatusPublished

This text of 412 So. 2d 943 (GM Drug Co. v. Taylor) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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GM Drug Co. v. Taylor, 412 So. 2d 943, 1982 Fla. App. LEXIS 19851 (Fla. Ct. App. 1982).

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Opinion

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 425 (Fla. 2d DCA 1978); Lopez v. La Fuente, 343 So.2d 930 (Fla. 3d DCA 1977); Fla.R.Civ.Proc. 1.190. Cf. Shamhart v. Morrison Cafeteria Co., 159 Fla. 629, 32 So.2d 727 (Fla.1947) (plaintiff successfully demonstrated elements of nuisance; dismissal reversed).

Reversed and remanded for further proceedings.

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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 425 (Fla. 2d DCA 1978); Lopez v. La Fuente, 343 So.2d 930 (Fla. 3d DCA 1977); Fla.R.Civ.Proc. 1.190. Cf. Shamhart v. Morrison Cafeteria Co., 159 Fla. 629, 32 So.2d 727 (Fla.1947) (plaintiff successfully demonstrated elements of nuisance; dismissal reversed).

Reversed and remanded for further proceedings.

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412 So. 2d 943, 1982 Fla. App. LEXIS 19851, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gm-drug-co-v-taylor-fladistctapp-1982.

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