Tuesday, January 27, 2004

Tampa Temporary Injunction Case

The 2d DCA held that it was improper for a circuit court to enter a final judgment against the operators of an adult entertainment business without a full trial/hearing on the merits. The court had earlier denied a temporary injunction against the enforcement of the ordinance and that decision had been upheld by the appeals court.

However, it was improper to enter final judgment based solely on the facts and findings that supported denial of the temporary injunction. Such an order is neither final nor binding on the court in making ultimate findings and the plaintiff had the right to put on a full case against the ordinance.


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