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4245 CORP., MOTHER'S LOUNGE v. DIV. OF BEVERAGE

No. FF-381.

348 So.2d 934 (1977)

4245 CORPORATION, MOTHER'S LOUNGE, INC. and Cheetah III, Inc., Petitioners, v. DIVISION OF BEVERAGE, Respondent.

District Court of Appeal of Florida, First District.

August 10, 1977.

Attorney(s) appearing for the Case

Charles L. Carlton, Lakeland, of Tobias Simon, P.A., Miami, for petitioners.

Charles T. Collett, Tallahassee, for respondent and movant.

ON MOTION TO DISMISS FOR LACK OF JURISDICTION

SMITH, Judge.

By motion to dismiss, the Division of Beverage urges the court is without jurisdiction to review the order of a hearing officer of the Division of Administrative Hearings, Department of Administration (DOAH), holding the Division's proposed rule affecting alcoholic beverage licensees would not, if adopted, constitute an invalid exercise of delegated legislative authority. The petitioning licensees...

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