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STATE EX REL. DADE COUNTY OPTOMETRIC ASSOCIATION v. FAMILY OPTICAL SERVICE

No. 67-735.

209 So.2d 267 (1968)

STATE of Florida ex rel. DADE COUNTY OPTOMETRIC ASSOCIATION, Inc., Appellant, v. FAMILY OPTICAL SERVICE, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 8, 1968.

Attorney(s) appearing for the Case

Fred A. Jones, Jr., Miami, for appellant.

David A. Graves, Miami, for appellee.

Before CHARLES CARROLL, C.J., and BARKDULL and SWANN, JJ.

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...

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