Florida Hotel and Restaurant Com'n v. Dowler, 28982
| Decision Date | 24 January 1958 |
| Docket Number | No. 28982,28982 |
| Citation | 99 So.2d 852 |
| Parties | FLORIDA HOTEL AND RESTAURANT COMMISSION, Appellant, v. R. A. DOWLER, Appellee. |
| Court | Florida Supreme Court |
Richard W. Ervin, Atty. Gen., and James L. Graham, Jr., Asst. Atty. Gen., for appellant.
J. Irvin Walden, Sarasota, and Jerry R. Hussey, Bradenton, for appellee.
This appeal presents for consideration the judgment of a circuit court on petition for certiorari which quashed an order of the hotel commissioner suspending the license of a motel owner.
Section 509.261, Florida Statutes 1955, F.S.A. provides:
'Proceedings of the hotel commission may be reviewed by certiorari to the circuit court of the circuit in which such licensed establishment is located and appeals from any decision of the circuit court may be taken to the supreme court of Florida in the same manner and subject to like conditions as appeals in chancery are taken.'
The provision for appeal to the Supreme Court was proper under Article V of the Constitution of Florida, F.S.A. prior to July 1, 1957, see South Atlantic Steamship Company of Delaware v. Tutson, 1939, 139 Fla. 405, 190 So. 675; but under amended Article V, such an appeal can no longer be prosecuted to the Supreme Court. Article V, Section 5(c) and Article V, Section 4(b) of the Constitution as amended July 1, 1957. Cf. Codomo v. Shaw and Florida Real Estate Commission, Fla., 99 So.2d 849. However, this appeal was perfected prior to July 1, 1957, and this Court retained jurisdiction and authority pursuant to Article V, Section 26(6) of the Constitution as amended July 1, 1957.
In this case the circuit court reviewed the record of the hearing which resulted in the license suspension by the hotel commissioner, and entered an order which only stated:
'This Cause coming on to be heard and after hearing argument of Counsel for the Plaintiff and Defendant,
'The Certiorari prayed for in this Cause is hereby granted and the Judgment of the Florida Hotel and Restaurant Commission entered in this Cause is hereby quashed, vacated and set aside.'
It has long been the custom and practice in this Court to write an opinion where the judgment being reviewed is reversed. Occasionally a cause will be reversed by memorandum decision upon the authority of a particular case. Except under most unusual circumstances, it is only in those cases where the action being reviewed is found to be free of harmful error, that the judgment of the Court being reviewed is affirmed...
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...rather than appellate in nature. Appellees have cited and discussed In re Smith, Fla.1954, 74 So.2d 353; Florida Hotel and Restaurant Commission v. Dowler, Fla.1958, 99 So.2d 852; Codomo v. Shaw, Fla.1958, 99 So.2d 849, to offset the contention of appellants on this point. We have given car......
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...Laney v. Holbrook, 149 Fla. 670, 6 So.2d 623 (1942); Article V, Section 4(b) (1), Constitution of Florida; Florida Hotel & Rest. Comm'n v. Dowler, 99 So.2d 852 (Fla.1958). After a full hearing, the School Board ordered Seitz dismissed on two grounds: 1 Seitz' insubordination in refusing to ......
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Rosenthal v. Scott, 30961
...an appellate court to write an opinion in deciding a cause brought before it; however, we have said in Florida Hotel and Restaurant Commission v. Dowler, Fla.1958, 99 So.2d 852, 853: 'It has long been the custom and practice in this court to write an opinion where the judgment being reviewe......
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...by appeal was provided by § 466.25, Fla.Stat.1963, F.S.A. and Article V of the Constitution, F.S.A. See Florida Hotel and Restaurant Commission v. Dowler, Fla.1958, 99 So.2d 852. The statutes presently provide for the review of orders of the Board by this Court. See Laws of Florida 1965, Ch......