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MALONEY v. HEFTLER REALTY COMPANY

No. 74-1478.

316 So.2d 594 (1975)

Timothy J. MALONEY and Grace Maloney, Appellants, v. HEFTLER REALTY COMPANY and Heftler Construction Company of Florida, Appellees.

District Court of Appeal of Florida, Second District.

July 9, 1975.

Attorney(s) appearing for the Case

C.A. Murphy, Naples, for appellants.

Hugh E. Starnes of Henderson, Franklin, Starnes & Holt, Fort Myers, for appellees.

SCHEB, Judge.

The plaintiff Maloney sued the defendant Heftler for damages resulting from an alleged nuisance. On motion, the trial court dismissed Maloney's complaint with prejudice.

The case sub judice is Maloney's third action against Heftler. In his first suit Maloney sought damages for expenses incurred as a result of an alleged failure on the part of Heftler to properly protect Maloney's house, pool...

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