State Ex Rel. 5900 NE 2nd Avenue, LLC v. MidFirst Bank

194 So. 3d 521, 2016 Fla. App. LEXIS 9241, 2016 WL 3268745

• Court: District Court of Appeal of Florida
• Decided: June 15, 2016
• Docket: 3D15-2283
• Status: Published

Opinion

SCALES, J.

Appellant The State of Florida on the relation of 5900 NE 2nd Avenue, LLC (the “State”) appeals the trial court’s order granting Appellee MidFirst Bank’s (the “Bank”) motion • to dismiss the State’s amended complaint with prejudice. Because the State’s complaint states a cognizable claim,., we reverse the trial court’s order and remand for further proceedings consistent with this opinion.

In its complaint, the State sought to enjoin an alleged nuisance on the Bank’s property. Specifically, the State pled in its complaint that squatters and drug dealers, the subject of the nuisance, engage in illegal activity on the Bank’s property; that these squatters and drug dealers trespass onto the State’s property from time to time; that them illegal activity is frightening and deterring patrons from entering the State’s establishment; that the nuisance is continuous, currently occurring and is causing the State irreparable harm.

Our review of the trial court’s order granting the Bank’s motion to dismiss is de novo. Grove Isle Ass’n, Inc. v. Grove Isle Assocs., LLLP, 137 So.3d 1081, 1089 (Fla. 3d DCA 2014). Based on the above sufficiently pled facts, the State’s amended complaint stated a cognizable claim to enjoin the alleged nuisance. See Orlando Sports Stadium, Inc. v. State ex rel. Powell, 262 So.2d 881 (Fla.1972).

Therefore, the trial court’s order of dismissal with prejudice is reversed; we remand with directions that the trial court reinstate the State’s complaint.

Reversed and remanded for proceedings consistent herewith.