Florida Hotel and Restaurant Commission v. Marseilles Hotel Co.
| Decision Date | 04 January 1956 |
| Citation | 84 So.2d 567 |
| Parties | FLORIDA HOTEL AND RESTAURANT COMMISSION and Richard Edgerton, as and constituting the Florida Hotel and Restaurant Commission, Petitioners, v. MARSEILLES HOTEL CO., a Florida corporation, Respondent. |
| Court | Florida Supreme Court |
Richard W. Ervin, Atty. Gen., James L. Graham, J., Asst. Gen., and Edward J., Nelson, Sp. Asst. Atty. Gen., for petitioners.
Alexander S. Gordon, Ader & Young and Rivkind & Marger, Miami Beach, for respondent.
We here review on certiorari an order of the lower court denying a motion to dismiss a complaint for a declaratory decree and injunctive relief filed in the lower court by the Marseilles Hotel Co., respondent here and plaintiff below. The facts are, briefly, as follows: One Herman L. Berr, an employee of the Marseilles Hotel, was arrested for allegedly taking bets on the hotel premises and has been charged with a violation of our gamblin laws. The Florida Hotal and Restaurant Cokmmission, petition here and defendant below, then initiated proceedings against the Hotel under Section 511.051, Fla.Stat.1953, F.S.A., to revoke the Hotel's license on various grounds, including a charge that the Hotel 'did knowingly give space in said hotel for gambling purposes, in that one Herman L. Berr, an employee of said hotel, was knowingly permitted and suffered to take bets and wagers' on the Hotel premises. The Hotel filed the instant auit, labelled a 'Complaint for Declaratory Decree, Injunction and other Relief', to enjoin the Commission from holding a hearing on its Rule to Show Cause issued against the Hotel, basing its right to such relief on the fact that Berr had advised its counsel that, at such hearing, he would refuse to testify as to the Hotel's knowledge of his gambling activities under a plea of self-incrimination and alleging that to have the hearing without the testimony of such witness would deny to it due process of law. The lower court granted a temporary injunction and denied the Commission's motion to dismiss the complaint. It is this order that we review on the Commission's petition for the writ of certiorari.
No cases have been cited by counsel for the respondent Hotel in support of his contention that the injunctive processes of the lower court may properly be set in motion in the circumstances here present; and, indeed, we think that none could be found. The provisions for judicial review of an order of revocation of a hotel license...
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