Dowler's Court v. Fla. Hotel Rest

Full title: DOWLER'S COURT, PETITIONER, v. FLORIDA HOTEL AND RESTAURANT COMMISSION…

Court: District Court of Appeal of Florida, Second District

Date published: Jan 18, 1963

148 So. 2d 288 (Fla. Dist. Ct. App. 1963)

Opinion

No. 3166.

December 14, 1962. Rehearing Denied January 18, 1963.

Petition for review from the state hotel and restaurant commission.

J. Irvin Walden, Sarasota, for petitioner.

Richard W. Ervin, Atty. Gen., Tallahassee, and Herbert P. Benn, Asst. Atty. Gen., Miami, for respondent.

SHANNON, Chief Judge.

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 Hotel, Inc. v. Florida Hotel and Rest. Comm., Fla.App. 1961, 134 So.2d 856.

Certiorari denied.

ALLEN and SMITH, JJ., concur.