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33 FLAVORS OF FLORIDA, INC. v. LARSEN

No. 73-748.

308 So.2d 591 (1975)

33 FLAVORS OF FLORIDA, INC., Appellant, v. Kenneth A. LARSEN and Dorothy A. Larsen, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 20, 1975.

Attorney(s) appearing for the Case

William A. Seacrest of Peterson, Carr, Harris & Seacrest, Lakeland, for appellant.

Lex M. Taylor Jr., of Oxford, Oxford and Taylor, Lakeland, for appellees.

McNULTY, Chief Judge.

We affirm the judgment appealed from herein in all respects but we touch briefly on the one point meriting discussion.

Section 817.416, F.S. 1971, provides in relevant part as follows:

(2) Declarations. — (a) It is unlawful, when selling or establishing a franchise or distributorship, for any person: 1. Intentionally to misrepresent the prospects or chances for success of a proposed or existing...

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