PARK BENZIGER & CO. v. SOUTHERN WINE, ETC.

No. 58916.

391 So.2d 681 (1980)

PARK BENZIGER & CO., INC., Appellant, v. SOUTHERN WINE & SPIRITS, INC., Appellee.

Supreme Court of Florida.

December 11, 1980.


Attorney(s) appearing for the Case

Angus M. Stephens, Jr., Coral Gables, for appellant.

Thomas E. Lee, Jr. of Lee, Murphy & Coe, Miami, for appellee.

John M. Johnston and Robert G. Haile, Jr. of White & Case, Palm Beach, for Distilled Spirits Counsel of the United States, Inc., amicus curiae.


McDONALD, Justice.

In an action for declaratory relief brought by Park Benziger & Co., the trial judge passed upon the constitutionality of section 565.095, Florida Statutes, which deals with the distribution and sale of intoxicating liquor. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. (1972).

The issues sought to be determined are (1) whether the statute is applicable to distributor contracts in existence on the statute's effective date,...

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