FLA. LITERARY DISTRIB. CORP. v. STATE EX REL. GARCIAPEDROSA

Nos. 83-2877, 84-253.

460 So.2d 1028 (1985)

FLORIDA LITERARY DISTRIBUTING CORPORATION, a Florida Corporation, D/B/a Rich's News-Stand, John Doe, Salesperson of a Retail Bookstore Located at 180 Northeast 79TH Street, Miami, Florida Individually Jointly and Severally, et al., Appellants, v. STATE of Florida, ex rel., Jose GARCIAPEDROSA, as City Attorney of the City of Miami of the State of Florida, Appellees.

District Court of Appeal of Florida, Third District.

January 2, 1985.


Attorney(s) appearing for the Case

Joel Hirschhorn and Harry M. Solomon, Miami, for appellants.

Lucia A. Dougherty and Leon M. Firtel, and Gisela Cardonne, Miami, for appellees.

Before BARKDULL, BASKIN and JORGENSON, JJ.


BASKIN, Judge.

Florida Literary Distributing Corporation (Florida Literary) appeals a final judgment finding four magazines obscene and granting a permanent injunction enjoining and restraining appellant from showing, offering for sale, or exhibiting the magazines to the public.

Florida Literary contends on appeal, as it did at the non-jury proceeding below, that appellee failed to meet its burden of proof, and that appellee's failure to offer testimony defining...

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