DIV. OF ALCOHOLIC BEV. v. ASHBURY

No. 84-837.

460 So.2d 1026 (1984)

DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellant, v. E.L. ASHBURY, d/b/a Eddie's Drive Inn, Appellee.

District Court of Appeal of Florida, Fourth District.

December 28, 1984.


Attorney(s) appearing for the Case

Harold F.X. Purnell, Gen. Counsel, Dept. of Business Regulation, Tallahassee, for appellant.

Robert V. Schwerer, McAliley, Hayskar, McAliley & Jefferson, Fort Pierce, for appellee.


HERSEY, Judge.

Appealed is a non-final order enjoining appellant, the Division of Alcoholic Beverages and Tobacco, from enforcing any adverse administrative decision against appellee, Ashbury, pending review by the circuit court of the constitutional issues raised by a first amended complaint. We reverse on two grounds. First, the allegations and prayer of the complaint are directed to the constitutionality "as applied" of the statute in question rather than to its...

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