DOWLER'S COURT, PETITIONER,
v.
FLORIDA HOTEL AND RESTAURANT COMMISSION, RESPONDENT
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The court denied certiorari because the issues raised were either not properly preserved for appeal or had already been decided.
Petitioner sought a writ of certiorari to review an order by the Florida Hotel and Restaurant Commission finding non-compliance with a statute. The pe…
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Petitioner seeks a writ of certiorari to review an order of the Florida Hotel and Restaurant Commission.
The commissioner found that the petitioner herein had .failed to comply with Section 509.201, Fla.Stat., F.S.A., in six particulars.
The petitioner herein sets forth eight points on appeal. However, the eight points raise only two issues, viz.: whether or not the case of Florida Hotel and Restaurant Commission v. Dowler, Fla.1958, 99 So.2d 852, is res judicata on the question here involved; and the constitutionality of Sec. 509.201, Fla.Stat., F.S.A.
We do not deem it necessary to reach the merits of the issue of res judicata for the reason that the question has been raised for the first time in this court. For this reason, we shall not consider this question.
The constitutionality of the statute brought under scrutiny here was laid to rest by the Supreme Court in Adams. v. Miami Beach Hotel Assn., Fla.1955, 77 So.2d 465. See Nugent v. Florida Hotel and Restaurant Commission, Fla.App.1962, 147 So.2d 606; and City Center Motel, Inc. v. Florida Hotel and Rest. Comm., Fla.App. 1961, 134 So.2d 856.
Certiorari denied.
ALLEN and SMITH, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cap. Nat'l Bank OF Miami v. Chancellor Props., Inc., 291 So. 2d 35 (Fla. 3d DCA 1974)…r tendered and, certainly, there was no error on the part of the trial judge in refusing the attempt to raise this matter subsequent to the entry of the final judgment herein. Dowler’s Court v. Florida Hotel and Restaurant Commission, Fla.App. 1962, 148 So. 2d 288; Babe, Inc. v. Baby’s Formula Service, Inc., Fla.App. 1964, 165 So. 2d 795; Biscayne Construction, Inc. v. Wesley Construction Company, Fla.App.1973, 276 So. 2d 524; Rules 1.110(d), 1.140(h), R.C.P., 30 F.S.A. Lastly, we find no error on the part o…
Authorities Cited
- Fla. Hotel & Rest. Comm'n v. Dowler, 99 So. 2d 852 (Fla. 1958)
- Adams v. Miami Beach Hotel Ass'n, 77 So. 2d 465 (Fla. 1955)
- Nugent v. Fla. Hotel & Rest. Comm'n, 147 So. 2d 606 (Fla. 2d DCA 1962)
- City Ctr. Motel, Inc. v. Fla. Hotel & Rest. Comm'n, 134 So. 2d 856 (Fla. 1st DCA 1961)