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TREASURE, INC. v. STATE BEVERAGE DEPARTMENT

Nos. 38582, 38573.

238 So.2d 580 (1970)

TREASURE, INC., d/b/a Bonfire Restaurant & Lounge, Appellant, v. STATE BEVERAGE DEPARTMENT of Florida, Appellee. TREASURE, INC., d/b/a Bonfire Restaurant & Lounge, Petitioner, v. STATE BEVERAGE DEPARTMENT of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied September 14, 1970.

Attorney(s) appearing for the Case

Irving B. Levenson, of Sibley, Giblin, Levenson & Ward, Miami Beach, for appellant and petitioner.

James M. Barclay and D.J. Bauer, Jesse F. Warren, Jr., and Wilbur E. Brewton, Tallahassee, for appellee and respondent.

DREW, Justice.

The sole question before us in these two cases is whether under the 1885 Florida Constitution a substitute official appointed to discharge the duties of a disqualified state official under Florida Statutes Section 120.09(2), F.S.A. must be formally commissioned and take an oath of office before he has jurisdiction to act. Case No. 38,582 is an appeal from a District Court of Appeal, Third District, order denying...

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