DEPT. OF BUS. REG. v. COST PLUS IMP.

No. 86-3232.

513 So.2d 763 (1987)

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, Appellant, v. COST PLUS IMPORTS OF TAMPA BAY, INC., D/B/a Marquis Limousines, Appellee.

District Court of Appeal of Florida, Second District.

October 7, 1987.


Attorney(s) appearing for the Case

Louisa E. Hargrett, Dept. of Business Regulation, Tallahassee, for appellant.

David P. Rankin of Freeman & Lopez, P.A., Tampa, for appellee.


SCHEB, Acting Chief Judge.

The state challenges a final order granting appellee's motion for judgment on the pleadings. We reverse.

This appeal presents the question of whether a transaction in which alcoholic beverages are given without additional charge to persons renting a limousine constitutes a sale of alcoholic beverages pursuant to section 561.01(9), Florida Statutes (1985). The trial court held that it was not a sale within the meaning of section 561...

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