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FLA. BEV. CORP. v. DIV. OF ALC. BEV. & TOBACCO

No. AL-416.

424 So.2d 890 (1982)

FLORIDA BEVERAGE CORPORATION, Appellant, v. DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Department of Business Regulation, Glenmore Distilleries Company, and Foreign Vintages, Inc., Appellees.

District Court of Appeal of Florida, First District.

December 20, 1982.

Attorney(s) appearing for the Case

Wilbur E. Brewton and J. Riley Davis of Taylor, Brion, Burker & Green, Tallahassee, for appellant.

Roy C. Young of Young, Van Assenderp, Varnadoe & Benton, Tallahassee, and Elliot S. Kaplan and Barry G. Reed of Robins, Zelle, Larson & Kaplan, Minneapolis, Minn., for appellees Glenmore Distilleries Co. and Foreign Vintages, Inc.

PER CURIAM.

This cause is before us on appeal from a declaratory statement wherein the agency, construing Section 565.095(5), Florida Statutes, pertaining to withdrawal of a registered brand or label, determined that the appointment by the manufacturer of a second distributor for a given brand or label was not shown to constitute a constructive withdrawal. The agency's declaratory statement is, in pertinent part, as follows:

The Division stated in General...

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