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AZURE TIDES v. THIRTEEN THIRTY BEN FRANKLIN

No. 94-04088.

658 So.2d 1127 (1995)

AZURE TIDES, INC., a Florida corporation, Howard P. Monsour, Sr., and Azure Tides Owners' Association, Inc., a Florida not-for-profit corporation, Appellants, v. THIRTEEN THIRTY BEN FRANKLIN, INC., as General Partner of Azure Tides Associates, Ltd., a Florida Limited Partnership, Appellee.

District Court of Appeal of Florida, Second District.

July 28, 1995.

Attorney(s) appearing for the Case

Rex A. Roten of Livingston, Patterson, Strickland & Weiner, P.A., Sarasota, for appellants.

Charles J. Bartlett of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., Sarasota, for appellee.

ALTENBERND, Judge.

The defendants appeal a temporary injunction that gives the plaintiff's customers access to the defendants' restrooms. We reverse because the plaintiff did not establish a clear legal right to this relief in its complaint and at the hearing on its motion for a temporary injunction. Wilson v. Sandstrom, 317 So.2d 732 (Fla. 1975), cert. denied, 423 U.S. 1053, 96 S.Ct. 782, 46 L.Ed.2d 642 (1976);

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