District Court of Appeal of Florida November 19, 2003, No. 4D02-2300 (Pappas v. Smart Health U.S.A.)

KLEIN, J.

Appellant plaintiff sued the appellees for using his picture in an advertisement without his permission. He alleged invasion of privacy and a violation of section 540.08, Florida Statutes (2000), which imposes liability for using a person’s name or likeness in a commercial advertisement without consent.