WETZEL v. A. DUDA & SONS

No. 73-1224.

306 So.2d 533 (1975)

Mr. and Mrs. Ervin WETZEL et al., Appellants, v. A. DUDA & SONS et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 5, 1975.


Attorney(s) appearing for the Case

H.A. Rigdon, Jr., of Hoffman, Hendry, Parker & Smith, Orlando, Jeffrey E. Streitfeld of Becker & Poliakoff, Miami, for appellants.

Benjamin F. Smathers, of Andrews, Smathers, Tepper & Kemp, and Phillip R. Finch of Gray, Adams, Harris & Robinson, Orlando, for appellees.


DOWNEY, Judge.

Appellants, as riparian property owners on Lake Apopka, sued appellees in an eight count complaint. The first four counts prayed for injunctive relief; the remaining four sought damages. The causes of action arose out of appellees' alleged pollution of said lake by discharging noxious chemicals and other substances into the lake from appellees' nearby farming operation. The trial court dismissed the four injunctive counts without leave to amend, on...

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