4245 Corp. v. City of Oakland Park

District Court of Appeal of Florida

4245 Corp. v. City of Oakland Park

473 So. 2d 12, 10 Fla. L. Weekly 1760, 1985 Fla. App. LEXIS 15120

CourtDistrict Court of Appeal of Florida

DecidedJuly 17, 1985

DocketNo. 84-1189

StatusPublished

Cited by2 cases

This text of 473 So. 2d 12 (4245 Corp. v. City of Oakland Park) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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4245 Corp. v. City of Oakland Park, 473 So. 2d 12, 10 Fla. L. Weekly 1760, 1985 Fla. App. LEXIS 15120 (Fla. Ct. App. 1985).

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PER CURIAM.

This is an appeal from a final order permanently enjoining The 4245 Corporation, doing business as The Backstage Lounge, from the operation of its entire business and ordering the sheriff to take possession of the premises and evict The 4245 Corporation.

Clearly, there were some indecent acts constituting lewdness which justified an injunction. However, based on the record, the limited number of occurrences, and the fact that no prior injunction had issued, we are of the opinion that the finding “that said corporation could not be operated as a legitimate business without permitting said acts of lewdness” is erroneous and unsupported. The injunction totally putting the corporation out of business was too drastic and its terms were overbroad. The trial court should have limited the injunction to the illegal acts of lewdness and given the corporation an opportunity to function as a legitimate enterprise. Thompson v. State, 392 So.2d 1317 (Fla.1981); Federal Amusement Co. v. State ex rel. Tuppen, 159 Fla. 495, 32 So.2d 1 (1947); Health Clubs of Jacksonville, Inc. v. State ex rel. Austin, 381 So.2d 1174 (Fla. 1st DCA 1980); and Health Clubs, Inc. v. State ex rel. Eagan, 377 So.2d 28 (Fla. 5th DCA 1979).

We reverse and remand for further proceedings consistent herewith.

Reversed and remanded.

ANSTEAD, C.J., and WALDEN, J., concur. LETTS, J., dissents with opinion.

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PER CURIAM.

This is an appeal from a final order permanently enjoining The 4245 Corporation, doing business as The Backstage Lounge, from the operation of its entire business and ordering the sheriff to take possession of the premises and evict The 4245 Corporation.

Clearly, there were some indecent acts constituting lewdness which justified an injunction. However, based on the record, the limited number of occurrences, and the fact that no prior injunction had issued, we are of the opinion that the finding “that said corporation could not be operated as a legitimate business without permitting said acts of lewdness” is erroneous and unsupported. The injunction totally putting the corporation out of business was too drastic and its terms were overbroad. The trial court should have limited the injunction to the illegal acts of lewdness and given the corporation an opportunity to function as a legitimate enterprise. Thompson v. State, 392 So.2d 1317 (Fla.1981); Federal Amusement Co. v. State ex rel. Tuppen, 159 Fla. 495, 32 So.2d 1 (1947); Health Clubs of Jacksonville, Inc. v. State ex rel. Austin, 381 So.2d 1174 (Fla. 1st DCA 1980); and Health Clubs, Inc. v. State ex rel. Eagan, 377 So.2d 28 (Fla. 5th DCA 1979).

We reverse and remand for further proceedings consistent herewith.

Reversed and remanded.

ANSTEAD, C.J., and WALDEN, J., concur. LETTS, J., dissents with opinion.

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473 So. 2d 12, 10 Fla. L. Weekly 1760, 1985 Fla. App. LEXIS 15120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/4245-corp-v-city-of-oakland-park-fladistctapp-1985.

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