STATE EX REL. M. E. GARLAND

v.

CITY OF SARASOTA

Citator

Cited By

• Orlando Sports Stadium, Inc. v. The State of Fla. ex rel. Rom W. Powell, 262 So. 2d 881 (Fla. 1972)
  …tah 1961), frequent loud and disturbing noises, vulgar language, traffic jams, and obscene conduct; Beard v. State, 71 Md. 275, 17 A. 1044 (1889), habitual assembly of lewd women and men drinking and dancing. See also, Fasson v. State, 141 Fla. 367, 193 So. 299 (1940), where this Court allowed an injunction to prohibit the illegal sale of liquor on the premises of a restaurant. Ultimately, the questions arising from this controversy are questions of fact. There is no basis for dismissing the complaint as…
• Pompey v. Cochran, 685 So. 2d 1007 (Fla. 4th DCA 1997)
  …is facially valid and entered by a court having jurisdiction, where the petitioner initially elected not to, or neglected to, challenge the evidentiary basis for the civil contempt order by an available remedy of direct appeal. Driggers v. Pearson, 141 Fla. 256, 192 So. 881 (1940). See also Taylor v. Chapman, 127 Fla. 401, 173 So. 143 (1937); McCrae v. Wainwright, 439 So. 2d 868, 870 (Fla.1983). I would recede, if necessary, from any contrary implication in our previous opinions, LeNeve v. Navarro, 565 So.…

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• Health Clubs, Inc. v. The State of Fla. ex rel. Robert Eagan, 377 So. 2d 28 (Fla. 5th DCA 1979)
  …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 precludes legitimate massages by an individual of one sex upon an ind…