INTERNATIONAL HOD CARRIERS', BUILDING AND COMMON LABORERS' UNION LOCAL 478-AFL-CIO, AND BERNARD RUBIN, BUSINESS AGENT OF SAID UNION, ET AL., APPELLANTS,
v.
HEFTLER CONSTRUCTION COMPANY, A NEW JERSEY CORPORATION, ADMITTED TO DO BUSINESS IN THE STATE OF FLORIDA, APPELLEE
Affirmed.
CARROLL, CHAS., C. J., and HORTON, J., concur.
(concurring specially)-
Inasmuch as this is an interlocutory appeal from a temporary injunction and a clear abuse of discretion has not been shown, I have concurred in the decision. However it should be noted that this decision is not a holding that as a permanent injunction it would be legally sufficient.
The terms of the injunction are so broad that they might be interpreted as follows: (1) an order to “members” of the union to work, or (2) a denial of the right to strike for any purpose. Under either of these interpretations such injunctions could not be grounded upon the alleged illegal boycott.
PEARSON, Judge
(concurring specially)-
Inasmuch as this is an interlocutory appeal from a temporary injunction and a clear abuse of discretion has not been shown, I have concurred in the decision. However it should be noted that this decision is not a holding that as a permanent injunction it would be legally sufficient.
The terms of the injunction are so broad that they might be interpreted as follows: (1) an order to “members” of the union to work, or (2) a denial of the right to strike for any purpose. Under either of these interpretations such injunctions could not be grounded upon the alleged illegal boycott.
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Purdon v. Cohen, 126 So. 2d 575 (Fla. 2d DCA 1961)…rarely do objects from above cause us harm, so persons are not careless who do not go about examining the sky. One need not look for danger unless there is reason to expect it.” See also Shell’s Super Store, Inc. v. Parker, Fla.App. Third District, 103 So. 2d 884. We believe that a question for a jury is produced here and the judgment is accordingly .reversed. KANNER, Acting C. J., and SHANNON, J., concur.…
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Quinn v. I. C. Helmly Furniture Co., Inc., 141 So. 2d 302 (Fla. 3d DCA 1962)…rcumstances.” See also Hanson v. Shell’s City, Inc., Fla. App.1961, 133 So. 2d 573; Purdon v. Cohen, Fla.App.1961, 126 So. 2d 575; Warring v. Winn Dixie Stores, Inc., Fla.App.1958, 105 So. 2d 915; Shell’s Super Store, Inc. v. Parker, Fla.App. 1958, 103 So. 2d 884. It follows that the judgment appealed should be, and is accordingly, reversed. Reversed.…
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