FLORENCE LUSTIG CROSSMAN, APPELLANT,
v.
BABS, INC., APPELLEE
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The court held that while Babs, Inc. could be held in contempt despite not being named in the injunction, other reasons justified the trial court's refusal to hold Babs in contempt.
Florence Lustig Crossman sought to hold Babs, Inc. in contempt for violating an injunction previously obtained against Fontainebleau Hotel Corp. The t…
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PER CURIAM:
Florence Lustig Crossman, d/b/a Florence Lustig, is appealing from an order refusing to hold Babs, Inc., in contempt for an alleged violation of an injunction decree previously obtained by her against Fontainebleau Hotel Corp. in a diversity action.1
The controversy between Lustig and Fontainebleau, which finally resulted in the injunction in question, has previously been before this Court in Crossman v. Fontainebleau Hotel Corp., 273 F. 2d 720, 80 A.L.R.2d 415 (5 Cir., 1959), Fontainebleau Hotel Corp. v. Crossman, 286 F. 2d 926 (5 Cir., 1961), and Fontainebleau Hotel Corp. v. Crossman, 323 F. 2d 927 (5 Cir., 1963). See also Crossman v. Fontainebleau Hotel Corp., 346 F. 2d 152 (5 Cir., 1965).
Reference to the opinions in the cases above cited makes a detailed statement of the factual background and the terms of the injunction unnecessary. While we agree with the appellant that the trial court was in error in concluding that Babs could not be in contempt because it was not specifically named in the injunctive decree as one of the parties enjoined,2 we feel that there were other reasons that justified the court in refusing to hold Babs in contempt. One of them was that Lustig’s conduct following an order of the same trial court in a prior proceeding of this nature refusing to hold Babs in contempt under similar circumstances for violation of this injunctive decree was such as was calculated to lead Babs to believe to its detriment that Lustig acquiesced in that court’s conclusion.
Affirmed.
. The designations of the parties used in the briefs are adopted here: “Lustig” for Florence Lustig Crossman; “Babs” for Babs, Inc.; and “Fontainebleau” for Fontainebleau Hotel Corp. . Ex parte Lennon, 166 U.S. 548, 17 S.Ct. 658, 41 L.Ed. 1110 (1897); Alemite Mfg. Corp. v. Staff, 2 Cir., 42 F. 2d 832 (1930); In re Holland Furnace Co., 7 Cir., 341 F. 2d 548 (1965); 7 Moore’s Fed. Practice, p. 1670, Sec. 65.13; 28 Amer.Jur., p. 812, Sec. 207; Savage v. Winfield, 1943, 152 Fla. 165, 11 So. 2d 302; Alger v. Peters, Fla.1956, 88 So. 2d 903; Griffin v. Gulf Life Ins. Co., Fla.App.1962, 146 So. 2d 901, 903.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In re Lennon, 166 U.S. 548 (U.S. 1897)
- Alemite MFG. Corp. v. Staff, 42 F.2d 832 (2d Cir. 1930)
- Mason W. Alger v. Peters, 88 So. 2d 903 (Fla. 1956)
- Crossman v. Fontainebleau Hotel Corp., 273 F.2d 720 (5th Cir. 1959)
- Fontainebleau Hotel Corp. v. Crossman, 286 F.2d 926 (5th Cir. 1961)
- Griffin v. Gulf Life Ins. Co., 146 So. 2d 901 (Fla. 1st DCA 1962)
- Savage v. Winfield, 152 Fla. 165 (Fla. 1943)
- In re Holland Furnace Co., 341 F.2d 548 (7th Cir. 1965)
- Crossman v. Fontainebleau Hotel Corp., 346 F.2d 152 (5th Cir. 1965)