Florida District Courts of Appeal, 1968

State ex rel. Dade County Optometric Ass'n v. Family Optical Service

State ex rel. Dade County Optometric Ass'n v. Family Optical Service
Florida District Courts of Appeal · Decided April 16, 1968 · Barkdull, Carroll, Swann
209 So. 2d 267; 1968 Fla. App. LEXIS 5623 (Southern Reporter, Second Series)

State ex rel. Dade County Optometric Ass'n v. Family Optical Service

Opinion of the Court

SWANN, Judge.

This is an appeal from an order of the trial court which dismissed the plaintiff’s amended complaint with prejudice.

An examination of the amended complaint reveals that it did not contain sufficient allegations of a nuisance, as defined in Fla.Stat. § 823.05, F.S.A., as to entitle the plaintiff to bring this action pursuant to Fla.Stat. § 64.11, F.S.A. The alleged misleading advertising may not be enjoined as a nuisance by this plaintiff under the facts here alleged. See also Fla.Stat. §§ 817.46 and 463.19, F.S.A.; Pompano Horse Club v. State, 93 Fla. 415, 111 So. 801, 52 A.L.R. 51 (1927).

Accordingly, the order of dismissal is hereby

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.