THE 4245 CORPORATION, APPELLANT,
v.
THE CITY OF OAKLAND PARK, APPELLEE
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The court reversed a permanent injunction that shut down an entire business for lewdness violations, holding that the injunction was overbroad and that the trial court should have limited relief to the illegal acts while allowing the business to operate legitimately.
An injunction permanently closing an entire business based on isolated indecent acts is overbroad and erroneous when unsupported by a finding that the business cannot operate legitimately without permitting such acts.
[1] An injunction against a business must be narrowly tailored to prohibit only the illegal conduct and cannot permanently close an entire business based on isolated violatio…
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Join FLexlaw to unlock all legal intelligence“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.”
Court's explanation of why the permanent injunction was improper remedy
The 4245 Corporation, operating as The Backstage Lounge, was permanently enjoined from operating its entire business and ordered evicted based on inde…
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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.
LETTS, Judge,
dissenting.
I do not agree that the record only reflects a “limited number of occurrences.” I believe it unquestionably permits a finding that the corporation could not operate legitimately and that a public nuisance was being conducted in violation of section 823.-05, Florida Statutes (1983).
The evidence as to continued ongoing lewd and lascivious behavior more than supports the trial judge’s ruling. However, it would serve no purpose for me to list the sordid details other than to appeal to the prurient reader. I would affirm.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Keshbro, Inc. v. City OF Miami, 801 So. 2d 864 (Fla. 2001)…e.g., Brower v. Hubbard, 643 So. 2d 28, 30 (Fla. 4th DCA 1994) (“Injunctions must be specifically tailored to each case; they should not infringe upon conduct that does not produce the harm sought to be avoided”); 4245 Corp. v. City of Oakland Park, 473 So. 2d 12, 13 (Fla. 4th DCA 1985) (“The injunction totally putting the corporation out of business was too drastic and its terms overbroad. The trial court should have limited the injunction to the illegal acts of lewdness and given the corporation an opportu…
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Lawrence v. Knowles, 533 So. 2d 796 (Fla. 4th DCA 1988)…issenting in part. I would reverse, in part, to require the trial court to modify its injunction so that appellant is enjoined only from conducting or permitting illegal activities on its premises. See The 4245 Corporation v. City of Oakland Park, 473 So. 2d 12 (Fla. 4th DCA 1985).…
Authorities Cited
- Health Clubs, Inc. v. The State of Fla. ex rel. Robert Eagan, 377 So. 2d 28 (Fla. 5th DCA 1979)
- Fed. Amusement Co. v. State, 159 Fla. 495 (Fla. 1947)
- Health Clubs OF Jacksonville, Inc. v. State of Fla. ex rel. Ed Austin, 381 So. 2d 1174 (Fla. 1st DCA 1980)
- Harper v. State, 159 Fla. 495 (Fla. 1947)
- Thompson v. State, 392 So. 2d 1317 (Fla. 1981)