National Exterminators, Inc. v. Truly Nolen, Inc.
| Decision Date | 11 April 1956 |
| Citation | 86 So.2d 816 |
| Parties | NATIONAL EXTERMINATORS, Inc., a Florida corporation, Theodore Bramson and Corinne Bramson, Appellants, v. TRULY NOLEN, Inc., a Florida corporation, Appellee. |
| Court | Florida Supreme Court |
Morehead, Forrest, Gotthardt & Orr, and Melvin N. Greenberg, Miami, for appellants.
Bernard B. Weksler, Miami, and Victor M Cawthon, Tallahassee, for appellee.
August 9, 1950, National Exterminators, Inc., Theodore Bramson and Corinne Bramson, hereinafter referred to as 'National,' sold to T. N. Insecticides, Inc., certain fumigating equipment and supplies. August 9, 1950, National Termite Control Company, Inc., sold its fumigation business in Dade County to T. N. Insecticides, Inc. December 1, 1951, T. N. Insecticides, Inc., transferred all its right, title and interest in the aforementioned agreements to appellee, Truly Nolen, Inc., hereinafter referred to as 'Nolen.'
August 11, 1954, Nolen filed complaint in the Circuit Court of Dade County praying for injunction and other relief against National for breach of the agreements of August 9, recited in the preceding paragraph. August 24, 1954, the court entered the following injunctive order:
'Ordered, adjudged and decreed: That the Defendant, National Exterminators, Inc., and its agents, servants and employees, and each and every of them, be and they hereby are enjoined and restrained from in any manner continuing, engaging, or being interested or employed in, either directly or indirectly, in conducting a fumigation (otherwise known as 'gassing') business and soliciting or interfering with fumigation customers or prospective customers of the plaintiff within Miami, Florida, Miami Beach, Florida, or any place within a radius of ten (10) miles therefrom, and that this injunction pendente lite be in full force and effect until the final hearing and determination of this cause.'
Answer was seasonably filed by National and August 31, 1954, stipulation for injunction was entered into by Nolen and National pursuant to which a final decree imposing permanent injunction was entered. June 30, 1955, motion for rule to show cause why National should not be held in contempt for violation of the decree of August 31, 1954, was filed by Nolen. Order to show cause was duly entered, to which National filed its answer. At a hearing on the merits, the chancellor entered the following contempt order:
'Ordered, adjudged and decreed that the said National Exterminators, Inc., a Florida corporation, Theodore Bramson, and Corinne Bramson are guilty of contempt of court in violating the Final Decree of August 31, 1955, and it is further.
'Ordered, adjudged and decreed that in lieu of a commitment or a punitive or compensatory fine or other contempt measures, the period of injunction is extended for a period of one (1) year from August 9, 1955, to and including August 9, 1956, with all other terms and provisions of said Final Decree to remain unaltered, and it is further.
'Ordered, adjudged and decreed that this court shall retain jurisdiction of this cause and the parties.'
July 26, 1955, the court entered an order modifying this contempt order of July 12, 1955, as follows:
'Ordered, adjudged and decreed that National Exterminators, Inc., a Florida corporation, Theodore Bramson and Corinne Bramson are guilty of contempt of this court in violating the Final Decree of August 31, 1954, as above set forth; and it is thereupon further
'Ordered, adjudged and decreed that the period of injunction set forth in the aforementioned Final Decree of August 31, 1954, go into effect again April 23, 1956 and until July 9, 1956, in accordance with the terms and provisions of said Final Decree; it is further
The first point with which we are confronted is whether or not the evidence was sufficient to adjudge...
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Parisi v. Broward County
...Workers, 330 U.S. at 303, 67 S.Ct. 677; South Dade Farms, Inc. v. Peters, 88 So.2d 891, 899 (Fla.1956); National Exterminators, Inc. v. Truly Nolen, Inc., 86 So.2d 816, 818 (Fla.1956), receded from on other grounds, Johnson, 573 So.2d at The bonded fine imposed in this case cannot constitut......
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Florida Coast Bank of Pompano Beach v. Mayes
...imposed in a civil contempt proceeding must be related to actual damages suffered by the aggrieved party, citing National Exterminators v. Truly Nolen, 86 So.2d 816 (Fla.1956); Langbert; and Schoenthal v. Schoenthal, 138 So.2d 802 (Fla. 3d DCA 1962). In National Exterminators the court held......
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Johnson v. Bednar
...support of their argument, petitioners rely on South Dade Farms, Inc. v. Peters, 88 So.2d 891 (Fla.1956), and National Exterminators v. Truly Nolen, Inc., 86 So.2d 816 (Fla.1956). It has long been recognized that courts have the authority to enforce a judgment by the exercise of their conte......
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Nical of Palm Beach, Inc. v. Lewis
...is intended, the fine must be based on evidence of the injured party's, actual loss." Id.; see also Nat'l Exterminators, Inc. v. Truly Nolen, Inc., 86 So.2d 816, 818 (Fla.1956), receded from on other grounds by Johnson v. Bednar (holding damages should be reasonably certain of measurement).......