THE STATE OF FLORIDA ON THE RELATION OF 5900 NE 2ND AVENUE, LLC, ETC., APPELLANT,
v.
MIDFIRST BANK, ETC., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the State's amended complaint stated a cognizable claim for nuisance, and the trial court erred in dismissing it.
The State sued the Bank to enjoin an alleged nuisance on the Bank's property, claiming squatters and drug dealers engaged in illegal activity that det…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Appellant The State of Florida on the relation of 5900 NE 2nd Avenue, LLC (the “State”) appeals the trial court’s order granting Appellee MidFirst Bank’s (the “Bank”) motion • to dismiss the State’s amended complaint with prejudice. Because the State’s complaint states a cognizable claim,., we reverse the trial court’s order and remand for further proceedings consistent with this opinion.
In its complaint, the State sought to enjoin an alleged nuisance on the Bank’s property. Specifically, the State pled in its complaint that squatters and drug dealers, the subject of the nuisance, engage in illegal activity on the Bank’s property; that these squatters and drug dealers trespass onto the State’s property from time to time; that them illegal activity is frightening and deterring patrons from entering *522the State’s establishment; that the nuisance is continuous, currently occurring and is causing the State irreparable harm.
Our review of the trial court’s order granting the Bank’s motion to dismiss is de novo. Grove Isle Ass’n, Inc. v. Grove Isle Assocs., LLLP, 137 So.3d 1081, 1089 (Fla. 3d DCA 2014). Based on the above sufficiently pled facts, the State’s amended complaint stated a cognizable claim to enjoin the alleged nuisance. See Orlando Sports Stadium, Inc. v. State ex rel. Powell, 262 So.2d 881 (Fla.1972).
Therefore, the trial court’s order of dismissal with prejudice is reversed; we remand with directions that the trial court reinstate the State’s complaint.
Reversed and remanded for proceedings consistent herewith.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Orlando Sports Stadium, Inc. v. The State of Fla. ex rel. Rom W. Powell, 262 So. 2d 881 (Fla. 1972)
- Grove Isle Ass'n, Inc. v. Grove Isle Assocs., LLLP, 137 So. 3d 1081 (Fla. 3d DCA 2014)