LOCAL LODGE NO. 1248 OF INTERNATIONAL ASSOCIATION OF MACHINISTS, ET AL., APPELLANTS,
v.
ST. REGIS PAPER CO., A CORPORATION, APPELLEE

Fla. 1st DCA | 1961-03-14
No. C-251
WIGGINTON, Chief Judge, and STURGIS and CARROLL, DONALD, JJ., concur.
131 So. 2d 39 Florida District Court of Appeal, First District (1961) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Interlocutory appeal dismissed.

WIGGINTON, Chief Judge, and STURGIS and CARROLL, DONALD, JJ., concur.

On Petition for Rehearing Denied

PER CURIAM.

Upon considering the petition for rehearing herein we find no points raised that may not properly be disposed of as an incident to an appeal filed by Local Lodge No. 1248 of International Association of Machinists et al. v. St. Regis Paper Co., being Case No. C-309, Fla.App., 131 So.2d 29, which appeal was prosecuted pursuant to the decision in this case. For that reason the petition for rehearing is denied.

The reader is referred, however, to the decision of this court filed on this date in Case No. C-309 stating the practice to be followed hereafter in appeals of the nature here involved.

Petition for rehearing denied.

WIGGINTON, C. J., and STURGIS and CARROLL, DONALD K., JJ., concur.

Other
PER CURIAM.

On Petition for Rehearing Denied

PER CURIAM.

Upon considering the petition for rehearing herein we find no points raised that may not properly be disposed of as an incident to an appeal filed by Local Lodge No. 1248 of International Association of Machinists et al. v. St. Regis Paper Co., being Case No. C-309, Fla.App., 131 So. 2d 29, which appeal was prosecuted pursuant to the decision in this case. For that reason the petition for rehearing is denied.

The reader is referred, however, to the decision of this court filed on this date in Case No. C-309 stating the practice to be followed hereafter in appeals of the nature here involved.

Petition for rehearing denied.

WIGGINTON, C. J., and STURGIS and CARROLL, DONALD K., JJ., concur.


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Citator

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  • …“Where illegal conduct which has [*CX] been decreed to constitute a public nuisance is separable from legal conduct within a business enterprise, only the illegal conduct may be enjoined.” Health Clubs, Inc., supra. See also Five Sky, Inc. v. State, 131 So. 2d 39 (Fla. 3rd DCA 1961); Fasson v. State, 141 Fla. 367, 193 So. 299 (1940). One can operate a health club which permits commingling of the sexes without allowing lewd activity. The instant injunction prohibits such a bona fide arrangement. It also precl…
  • Health Clubs, Inc. v. State of Fla. ex rel. Robert Eagan, 338 So. 2d 1324 (Fla. 4th DCA 1976)
    …the premises without the alleged lewdness. Where illegal conduct which has been decreed to constitute a public nuisance is separable from legal conduct within a business enterprise, only the illegal conduct may be enjoined. Five Sky, Inc. v. State, 131 So. 2d 39 (Fla.3d DCA 1961); Fasson v. State, 141 Fla. 367, 193 So. 299 (1940). REVERSED and REMANDED with leave for the State to file an amended complaint, and for further proceedings consistent with this opinion. CROSS and DOWNEY, JJ., concur.…
  • …ubs of Jacksonville, ... as operated by Phillip Ranson, Raymond Cataldo, and Io-annis Diamondopoulos could not be operated as a legitimate business without permitting acts of lewdness, to-wit: masturbation for compensation. Five Sky, Inc. vs. State, 131 So. 2d 39 DCA 1961; Health Clubs, Inc. vs. State, ex. rel., Eagan, 339 [sic] [338] So. 2d 1324 4th DCA (1976).” Defendants’ motion to set aside the default and to set aside and vacate the permanent injunction order was heard and denied by order of the court…
    1 / 3

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