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WHALEY v. TWO HAYNES ENTERPRISES, INC.

No. 87-1166.

534 So.2d 415 (1988)

L.O.G. WHALEY and Wife, Ethel M. Whaley, Individually; and, L.O.G. Whaley and Wife, Trading and D/B/a Trader Rick's and Trader Rick's, Inc., a Florida Corporation; and Richard Whaley, a/K/a Rick Whaley, Appellants, v. TWO HAYNES ENTERPRISES, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 21, 1988.

Attorney(s) appearing for the Case

Glenn L. Hess, Panama City Beach, for appellants.

Daniel Harmon III of Isler, Harmon & Banks, Panama City, for appellee.

NIMMONS, Judge.

Appellants appeal from a final judgment permanently enjoining appellants from advertising or promoting their business in the manner hereinafter described. We affirm in part and reverse in part.

Prior to March 1, 1983, appellee, Two Haynes Enterprises, Inc. (Two Haynes), operated two stores on the beach road in Panama City Beach, the "Surf Shak" and the "T-Shirt Shak." The stores were a few hundred yards apart and both sold beachwear and sportswear...

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