DOVAS
v.
STATE BEVERAGE DEPARTMENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Dovas sought a temporary restraining order against the State Beverage Department to prevent suspension or revocation of his alcoholic beverage license based on removal of telephone service. The court extended the temporary restraining order, finding that the underlying dispute regarding telephone service should first be resolved by the Railroad & Public Utilities Commission.
The court extended the temporary restraining order against the defendants, requiring Dovas to post a $1,000 bond, and held that the restraining order should remain in effect until the Railroad & Public Utilities Commission resolved the telephone service issues, without prejudice to either party to resubmit matters raised in the complaint and answers after the commission's ruling.
“suspension or revocation of the plaintiff's license to dispense alcoholic beverages depends upon the lawful removal of telephone service from his premises and the right to have such telephone service restored upon determination by the Railroad & Public Utilities Commission after hearing”
Establishes the legal nexus between the telephone service issue and the beverage license, justifying administrative review before judicial determination
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDovas held a license to dispense alcoholic beverages. The State Beverage Department sought to suspend or revoke this license based on the removal of t…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Motion To Dissolve cases and more on FLexlaw
A temporary restraining order heretofore having been entered in this cause, without notice, and notice having thereupon been served that plaintiff’s prayer for temporary restraining order would be considered, and further upon the motions of the defendants to dissolve the temporary restraining order heretofore issued and to dismiss, and upon the motion of the Attorney General to dismiss the cause herein, and counsel having been heard after notice, and the court being fully advised in the premises, and it appearing unto the court that suspension or revocation of the plaintiff’s license to dispense alcoholic beverages depends upon the lawful removal of telephone service from his premises and the right to have such telephone service restored upon determination by the Railroad & Public Utilities Commission after hearing, and it further appearing that the plaintiff has applied for a hearing before such commission, it is, upon consideration
Ordered, adjudged and decreed that the motions of the defendants and of the Attorney General be and they hereby are denied, and that the temporary restraining order heretofore entered in this cause is hereby extended and continued against the defendants until such time as the Railroad & Public Utilities Commission shall have had opportunity to hear and determine the issues raised by the suspension of the plaintiff’s telephone service, without prejudice to either of the parties hereto to resubmit the matters raised by the complaint and the answers filed herein, subsequent to any ruling hereafter rendered by the said commission upon hearing had in the cause now pending before it. Provided, however, that the plaintiff shall furnish a good and sufficient temporary injunction bond, conditioned according to law, in the penal sum of $1,000.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Application of Dovas, 1 Fla. Supp. 182 (Fla. Railroad & P. U. C. 1952)
Authorities Cited
- Application of Dovas, 1 Fla. Supp. 182 (Fla. Railroad & P. U. C. 1952)