Fasson v. State Ex Rel. Burton
| Decision Date | 16 January 1940 |
| Parties | FASSON et al. v. STATE ex rel. BURTON, State Atty. |
| Court | Florida Supreme Court |
Suit by the State, on the relation of L. Grady Burton, State Attorney, tenth Judicial Circuit, in and for Polk County Fla., against Guy Fasson, alias Guy Fasano, and another, to enjoin as a nuisance the operation of a certain place of business. From a decree enjoining the defendant from conducting any business on certain premises, the defendants appeal.
Affirmed as modified. Appeal from Circuit Court, Polk County; H. C. Petteway, judge.
Manual M. Glover, of Lakeland, for appellants.
George Couper Gibbs, Atty. Gen., and Thomas J. Ellis, Asst. Atty Gen., for appellee.
The appeal before us is from an order which adjudged and decreed:
'Therefore hereby ordered, adjudged and decreed that the defendants Guy Fasson, alias Guy Fasano, and Sam Fasson, alias Sam Fasano, and each of them and their joint and respective associates, agents, employees, servants and assigns be and the same are hereby jointly and severally enjoined and restrained from (1) the further operation, maintenance and conduct of any business or occupation at or in the premises of that certain building located approximately two and one half miles west of the City of Lakeland on the Lakeland-Plant City Highway in Polk County, Florida, and known as the 'Cedar Tavern' (2) the further operation or maintenance of any house; place or building where intoxicating liquors are sold at any place in Polk County, Florida.'
This was a suit wherein the State Attorney sought by bill in chancery to enjoin as a nuisance the operation of a certain place of business.
The record shows that defendants operated a place of business near Lakeland, in Polk County, such as is commonly known as a night club and restaurant and that with the exception of the sale of intoxicating liquors the operation of the establishment was a lawful one. The record shows that the defendants in the court below, appellants here, did sell intoxicating liquors at that place.
There is nothing in the record to show that the defendants, appellants here, could not operate their legitimate business at the place mentioned without engaging in the unlawful sale of intoxicating liquors.
Without deciding in this case whether or not the unlawful sale of intoxicating liquors may be held per se a nuisance, we may hold that there was substantial evidence upon which the court could have based a...
To continue reading
Request your trial
-
Orlando Sports Stadium, Inc. v. State ex rel. Powell, 41233
...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 Ultimately, the questi......
-
Health Clubs of Jacksonville, Inc. v. State ex rel. Austin, s. NN-46
...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.2d 299 (1940)." (e. The court did not strike the prayer for relief, but warned that appellants must be given opportunity to demonstrate they ......
-
Health Clubs, Inc. v. State ex rel. Eagan, s. 77-2104
...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 pro......
-
Five Sky, Inc. v. State ex rel. Gerstein, 61-224
...could not have prohibited a lawful business conducted in an orderly and lawful manner on the premises. See Fasson v. State ex rel. Burton, 141 Fla. 367, 193 So. 299; State ex rel. Moore v. Gillian, 141 Fla. 707, 193 So. 751. See also Federal Amusement Co. v. State ex rel. Tuppen, 159 Fla. 4......