Florida Hotel and Restaurant Commission and Richard Edgerton v. Marseilles Hotel Co. Book Reviews

Florida Hotel and Restaurant Commission and Richard Edgerton v. Marseilles Hotel Co. by Supreme Court of Florida Book Summary

ROBERTS, Justice. 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 gambling laws. The Florida Hotel and Restaurant Commission,
petitioner 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 suit, 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.

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Florida Hotel and Restaurant Commission and Richard Edgerton v. Marseilles Hotel Co. (Supreme Court of Florida) Book Reviews 2024

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