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HEALTH CLUBS, INC. v. STATE EX REL. EAGAN

Nos. 77-2104/NT4-47, 77-2421/NT4-47A and 77-2423/NT4-47B.

377 So.2d 28 (1979)

HEALTH CLUBS, INC., a Florida Corporation; Raymond Cataldo; Ioannis Diamandopolous; Stephen Cataldo and Michael Gort, Appellants, v. The STATE of Florida ex rel. Robert EAGAN, As State Attorney for the Ninth Judicial Circuit of Florida, Appellee. Ioannis DIAMANDOPOLOUS, Appellant, v. The STATE of Florida ex rel. Robert EAGAN, As State Attorney for the Ninth Judicial Circuit of Florida, and Health Clubs, Inc., et al., Appellees. Stephen CATALDO, Appellant, v. The STATE of Florida ex rel. Robert EAGAN, As State Attorney for the Ninth Judicial Circuit of Florida, and Health Clubs, Inc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 19, 1979.

Attorney(s) appearing for the Case

Robert W. Pope of Law Offices of Robert W. Pope, P.A., St. Petersburg, for appellants.

Robert Shevin, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, and Rom W. Powell, Asst. State's Atty., Orlando, for appellee, State of Florida ex rel. Robert Eagan.

MOORE, JOHN H., II, Associate Judge:

This is a consolidated appeal from a final judgment abating a public nuisance and from subsequent judgments of contempt. Appellants contend, in part, that the final judgment should be reversed because it enjoins lawful as well as unlawful activity. We agree with this contention. However, we affirm the judgments of contempt.

The amended complaint1 filed by the State of Florida alleged that the...

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