Lee v. Beach Pub. Co.

• Decision Date: 29 March 1937
• Citation: 127 Fla. 600,173 So. 440
• Parties: LEE, City Manager, et al. v. BEACH PUB. CO.
• Court: Florida Supreme Court

173 So. 440

127 Fla. 600

LEE, City Manager, et al. v. BEACH PUB. CO.

Florida Supreme Court

March 29, 1937

Suit by the Beach Publishing Company against L. L. Lee, City Manager of the City of Miami, and others. From a decree granting complainant a permanent injunction, defendants appeal.

Affirmed. Appeal from Circuit Court, Dade County; Worth W. Trammell, judge.

COUNSEL

J. W Watson, Jr., and Abe Aronovitz, both of Miami, for appellants.

Miller & Harris, of Miami, for appellee.

OPINION

BUFORD Justice.

On appeal we review final decree and permanent injunction.

Bill of complaint was filed to enjoin the named defendants, the City Manager, the Director of Public Safety, the Chief of Police and Chief of Detectives, and the Police Department of the City of Miami, Fla., individually and as officers of the Department of Police of the City of Miami.

It was sought by the bill to procure a decree enjoining and restraining the defendant from interfering with the agents and servants of the complainant in the gathering of news of general public interest for publication in the complainant's newspaper, including taking pictures for publication, and inspecting the police records. The bill prayed for mandatory injunction, as follows:

'That this Court, after a hearing, issue a mandatory injunction to said defendants herein named, as and constituting the city officials of the City of Miami, directly in the control and supervision of the City Police Department of the City of Miami, Florida, requiring them to keep open for inspection of this plaintiff, its agents, servants and employees, all books and records of the offices of the Police Department of the City of Miami, Florida, during the business hours of said office;

'That this Court in its order provide and require that the defendants herein, as officials of the Police Department of the City of Miami, Florida, instruct and direct all members of said Police Department and employed by the City of Miami, as policemen and officers of its Police Department, to refrain and abate in destroying and injuring the property of the plaintiff herein as aforesaid, unless the said property is being used in an unlawful manner, subject to the jurisdiction of the defendants as police officials of the City of Miami, Florida, a municipal corporation;

'That this Court, in its order enjoin the defendants herein from destroying and injuring the property of the plaintiff, as aforesaid.'

Answer was filed, but the answer was evasive and did not deny the commission of the acts alleged in the bill of complaint but denied that such acts were unlawfully committed or that they were committed with the knowledge and consent theretofore given by the defendants, or it sought to justify the acts complained of.

The final decree held the answer insufficient, and properly so. The final decree, after holding the answer insufficient, and reciting that the defendants having expressed no desire to amend their said answer, thereupon ordered, adjudged, and decreed as follows:

'That the answer of the defendants filed herein on February 17, 1936, be and the same is hereby found to be insufficient as a defense to Plaintiff's Bill of Complaint and not amendable;

'It is further ordered, adjudged and decreed that the motion of the plaintiff for a decree on the Bill of Complaint and the answer be and the same is hereby granted;

'That the temporary restraining order heretofore entered herein on the 28th day of January, A.D. 1936, now appearing of record in Chancery Order Book 380 at page 445 of the Public Records of Dade County, Florida and served upon the defendants on January 29, 1936, be and the same is hereby made permanent and perpetual, except as the same is hereby and herein changed or modified;

'It is further ordered, adjudged and decreed that the defendants L. L. Lee, City Manager of the City of Miami, Florida; A. J Kavanaugh, Director of Public Safety of the City of Miami, Florida, W. J. McCarthy, Chief of Police of the City of Miami, Florida; L. O. Scarboro, Chief of Detectives of the Police Department of the City of Miami, Florida, individually and as officers of the Department of Police of the City of Miami, Florida, a...