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FUCHS v. HARBOR ISLAND SPA, INC.

No. 28118.

420 F.2d 1100 (1970)

Samuel FUCHS, Plaintiff-Appellee, v. HARBOR ISLAND SPA, INC., Defendant-Appellant. FEDERAL INSURANCE COMPANY, Plaintiff-Appellee, v. HARBOR ISLAND SPA, INC., Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

January 5, 1970.

Attorney(s) appearing for the Case

Peter T. Fay, Larry S. Stewart, Frates, Fay, Floyd & Pearson, Miami, Fla., for appellant.

Harold L. Ward, Miami, Fla., for Samuel Fuchs, Fowler, White, Gillen, Humkey & Trenam, Miami, Fla., of counsel.

Harry L. Durant, David S. Batcheller, Miami, Fla., for Federal Ins. Co., Smathers & Thompson, Miami, Fla., of counsel.

Before JOHN R. BROWN, Chief Judge, TUTTLE and MORGAN, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal from a judgment in a jury waived suit for recovery of the value of jewelry which was stolen from the safety deposit boxes of the defendant hotel. At issue is the question whether a guest who complies strictly with the procedures set up by the hotel itself is denied recovery because neither the hotel nor the guest made an effort to comply strictly with the provisions of Florida Statute 509.111, F.S.A.1

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