Seminole County v. River Capital, Inc.
Seminole County v. River Capital, Inc.
Opinion of the Court
In 1997, Seminole County filed an action alleging that Sassy Merlot’s, an adult entertainment establishment, was operating illegally because it lacked the appropriate license. The County sought a temporary and a permanent injunction to enjoin the continued illegal operation. The trial court not only denied the County’s request for a temporary injunction, it stated that “unless Seminole County can prove that the speech is not protected ... then the Adult Entertainment Ordinance does not apply to Defendant and it will be under no obligation to apply for a license....” An interlocutory appeal of this holding was not taken.
Subsequently, new ordinances were adopted by the County and its previous complaint was amended to raise additional reasons why Sassy was operating illegally. The County renewed its motion for a temporary injunction. Sassy counterclaimed and sought its own temporary injunction asking the court to issue “a temporary injunction, after a hearing on the merits of the application, enjoining the Plaintiff, its agents, servants and employees and others acting in concert with, or under the direction and control of Plaintiff, from administrating, executing, and enforcing or threatening to enforce or attempting to use the repealed Adult Entertainment Ordinances against Defendant, pending the issuance of a permanent injunction.” Although Sassy challenged the constitutionality of this ordinance, there was no request in its counterclaim for a temporary injunction for a determination that Sassy was exempt from the license requirement.
Because we believe the court exceeded the scope of relief requested by Sassy in its motion for temporary injunction, we reverse for further consideration as to whether Sassy, which has no license, has shown an entitlement to be treated as a licensed adult entertainment establishment. Williford v. Melbourne Commercial Development, Inc., 682 So.2d 1234 (Fla. 5th DCA 1996). The court did not “rule” in 1997 that Sassy was unconditionally entitled to operate “license free.” And the 1997 denial of the County’s request for a temporary injunction does not establish “the law of the case” as it relates to this issue. The court remains free, therefore, to consider whether the ordinance’s savings provision, [njothing herein shall be construed to regulate or control constitutionally protected expression or speech,” should really exempt this adult entertainment establishment from all license and zoning requirements.
REVERSED and REMANDED for further action consistent with this opinion.
. See Solitary, Inc. v. Seminole County, 24 Fla. L. Weekly D139 (Fla. 5th DCA 1998) (corrected opinion).
Reference
- Full Case Name
- SEMINOLE COUNTY, etc. v. RIVER CAPITAL, INC., etc.
- Cited By
- 1 case
- Status
- Published