KIPER v. STATE

No. U-443.

310 So.2d 42 (1975)

Richard D. KIPER and Central Florida Greyhound College, Inc., Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 16, 1975.


Attorney(s) appearing for the Case

J.B. Walkup, Jr., and Gregory E. Tucci, of Blowers, Walkup, Berk & Tucci, Ocala, for appellants.

Gordan G. Oldham, Jr., and Louis A. Tally, Leesburg, for appellee.

Carl E. Rude, Jr., of Ervin, Varn, Jacobs & Odom, Tallahassee, for amicus curiae.


BOYER, Judge.

The State of Florida, by and through the State Attorney for the Fifth Judicial Circuit, filed a complaint in the Circuit Court seeking to enjoin appellants from continuing an alleged public nuisance. The plaintiff, appellee here, adduced testimony from a single witness, seeking to establish by that witness that appellants' actions were in violation of F.S. 828.02 and F.S. 828.12. At the close of the plaintiff's case defendants (appellants here) moved...

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