GM DRUG CO. v. TAYLOR

No. 81-1307.

412 So.2d 943 (1982)

GM DRUG COMPANY, a Florida Corporation D/B/a Federal Discount, George F. Knox, Jr., in His Official Capacity As City Attorney of the City of Miami of the State of Florida; Laura McCarthy; Mark Matthes; J. Robert Stobs; Frank J. Hathaway; Nicholas H. Morley, Individual Citizens and Residents of Dade County; Laura McCarthy, Inc., Wimbledon Racquet Club: Stob Bros. Construction CO.; Industrial Traffic Consultants, Inc., and Morley Realty, Inc., Florida Corporation, Appellants, v. Alvin J. TAYLOR, in His Official Capacity As Secretary, State of Florida Department of Health and Rehabilitative Services, Max B. Rothman, in His Official Capacity As District Administrator, State of Florida Department of Health and Rehabilitative Services, District Eleven, and George Goldbloom and Emanuel Edelstein d/b/a MG Investment, a Partnership, Appellees.

District Court of Appeal of Florida, Third District.

April 20, 1982.


Attorney(s) appearing for the Case

Sparber, Shevin, Rosen, Shapo & Heilbronner and David A. Gunter and Jeffrey M. Weissman, Miami, for appellants.

Leonard Helfand, Miami, Richard, Lichterman & Scher and Herbert Lichterman, Miami Beach, for appellees.

Before BASKIN, FERGUSON and JORGENSON, JJ.


BASKIN, Judge.

We reverse the trial court's dismissal of appellants' action seeking injunctive relief to abate an alleged nuisance maintained by appellees. The injury complained of is overcrowding in a shopping plaza caused by lines of food stamp applicants. An injunction was requested pursuant to section 60.05(1),1 Florida Statutes (1979) and section 823.05,2 Florida Statutes (1979).

We hold that the...

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