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STATE EX REL. BROWN v. SUSSMAN

No. 69-808.

235 So.2d 46 (1970)

STATE of Florida ex rel. Sandra BROWN et al., Appellants, v. Irving H. SUSSMAN, As Trustee of Undivided 20% Interest in Lease and As Trustee of Vanson Realty Corp., a Dissolved Florida Corporation et al., Appellees.

District Court of Appeal of Florida, Third District.

May 5, 1970.

Attorney(s) appearing for the Case

Bennett H. Brummer and Bruce S. Rogow, Miami, for appellants.

Schonfeld & Feldman, Miami, for appellees.

Before PEARSON, C.J., and HENDRY and SWANN, JJ.

PEARSON, Chief Judge.

The named appellants allege they are tenants in an apartment house owned and operated by the appellees. These tenants brought a suit in the name of the state alleging that because of unsanitary conditions the apartment house constituted a public nuisance. They prayed for, among other things, an injunction to abate the public nuisance. The trial judge dismissed the complaint, "without leave to the plaintiffs to further amend but specifically reserving...

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