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SEMINOLE COUNTY v. RIVER CAPITAL, INC.

No. 98-1322

725 So.2d 1233 (1999)

SEMINOLE COUNTY, etc., Appellant, v. RIVER CAPITAL, INC., etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 25, 1999.

Attorney(s) appearing for the Case

Andrew M. Brumby of Shutts & Bowen, L.L.P., Orlando, for Appellant.

Philip H. Trees, of Philip H. Trees, P.A., Maitland, for Appellees.

HARRIS, J.

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...

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